A trial judge's decision to order separate trials for co-accused, based on findings that the evidence against one co-accused would 'swamp' the case against another and that admissions by co-accused could not be cured by judicial directions, is a discretionary decision reviewable only on House v The King principles. Where the trial judge has properly considered the relevant factors, including the different strength of evidence against each co-accused, the prejudicial effect of co-accused admissions, and the risk of 'guilt by association' between spouses, the decision will not be disturbed on interlocutory appeal.
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