Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R (Cth) v Lipton [2019] NSWSC 372 Hearing dates: 28 March 2019 Date of orders: 05 April 2019 Decision date: 05 April 2019 Jurisdiction: Common Law - Criminal Before: Wilson J Decision: The application for a separate trial is refused
Catchwords: CRIMINAL PROCEDURE – trial of three accused persons for conspiracy to import border controlled drugs- application for separate trial – whether evidence against one accused significantly different to, and weaker than that against co-accused – question of prejudice to accused in joint trial – evidence to prove conspiracy – co-conspirators’ rule - question of cost and convenience of separate trials – application refused
Legislation Cited: Criminal Code 1995 (Cth)
Drug Misuse and Trafficking Act 1986 (NSW)
Criminal Procedure Act 1986 (NSW)
Cases Cited: Ahern v The Queen (1988) 165 CLR 87; [1988] HCA 39
Commonwealth Director of Public Prosecutions v Burrows [2017] NSWCCA 105
Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20
Madubuko v R [2011] NSWCCA 135; (2011) A Crim R 249Mulcahy v The Queen (1868) LR 3 HL 306
R v Baartman (unreported, Court of Criminal Appeal 6 October 1994)
R v Dellapatrona & Duffield (1993) 31 NSWLR 123
R v Fernando [1999] NSWCCA 66
R v Glennon (1992) 173 CLR 592; [1992] HCA 16
R v Masters, Richards & Wunderlich (1992) 26 NSWLR 450
R v Middis (Supreme Court of New South Wales, Hunt J, 27 March 1991, unreported)
R v Oliver;R v Annakin & Ors (1988) 37 A Crim R 131
Tripodi v The Queen 104 CLR 1; [1961] HCA 22
Verma v R (1987) 30 A Crim R 441
Webb and Hay v The Queen (1994) 181 CLR 41; [1994] HCA 30
Category: Principal judgment Parties: Regina (Crown)
Richard Lipton (Accused)Representation: Counsel:
Solicitors:
S Howell (Crown)
M Johnston SC / K Averre (Accused)
Solicitor for Public Prosecutions (Cth) (Crown)
Sankey Legal (Accused)
File Number(s): 2016/387604 Publication restriction: Judgment previously restricted pending finalisation of all co-accused trials and related appeals. Anonymised and/or redacted to excise any matters the subject of a non-publication order pursuant to s 7 of the Courts Suppression and Non-Publication Orders Act 2010 (NSW).
Judgment
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HER HONOUR: On 7 September 2018 Richard Lipton (“the applicant”) was jointly arraigned with Jonathan Cooper and Stuart Ayrton (“the co-accused”) before this Court on an indictment bringing four counts. The indictment charges all three men jointly with counts 1 and 2, offences contrary to s 11.5(1) and s 307.1(1) of the Criminal Code 1995 (Cth) (“the Code”), as follows:
That between 1 September 2015 and 31 March 2016, at Sydney in the State of New South Wales and elsewhere, [the applicant and the co-accused] conspired with each other, Person A, Person C,…
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- AGLC
- R (Cth) v Lipton [2019] NSWSC 372
- Case
- [2019] NSWSC 372
- Decision Date
CaseChat Overview and Summary
The court found that the evidence was sufficient to prove a conspiracy and that there was no significant difference in the evidence against the three accused. The court noted that the co-conspirators' rule, which allows for the admission of statements made by one conspirator to be used against another, applied in this case. The court found that there was no likelihood of prejudice to the accused in a joint trial and that the cost and convenience of separate trials outweighed any potential prejudice. The court refused the application for separate trials.
The Federal Court of Australia found that the evidence was sufficient to prove a conspiracy between the three accused persons, and that there was no significant difference in the evidence against them. The court held that the co-conspirators' rule applied, and that a joint trial would not be prejudicial to the accused. The court also found that the cost and convenience of separate trials did not justify the separation of the trials. The application for separate trials was refused.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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