The case confirms that where co-accused face the same charge and the preponderance of evidence is admissible against both, a separate trial will not be ordered absent prejudice not amenable to judicial direction. Section 3L(1) of the Crimes Act 1914 (Cth) is permissive, not mandatory — police executing a search warrant are not required to operate electronic equipment at the premises to access data before seizing the equipment. The Verdins principles require the offender to establish a causal link between mental condition and offending; where the offender refuses to discuss the offending with a treating psychologist, the sentencing judge is not required to find such a link.
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