Dr v R

The case confirms that the three Middis guidelines for severance (significantly weaker case against applicant, highly prejudicial material inadmissible against applicant, real risk of immeasurably strengthening the weaker case) are not exhaustive and each case depends on its own facts. On appeal, the touchstone is whether any real injustice has been done to the accused, assessed by reference to the actual course of the trial rather than the pre-trial position. The absence of objection to prejudicial evidence and failure to seek specific directions are indicative that the evidence was not considered significant at trial.