THE QUEEN v AI, AD AND JR
[2013] ACTCA 16 (10 April 2013)
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – severance of an indictment – whether two or more accused charged with committing an offence should be tried jointly – where significant differences in the case against each accused – no proper basis to sever the indictment
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – severance of an indictment – whether two or more accused charged with committing an offence should be tried jointly – purpose of joint trials – involvement in the same criminal enterprise – same witnesses – acts in preparation performed together – all accused present for the incident
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – in general and right of Appeal – ability to appeal an interlocutory order in criminal proceedings – fragmentation of criminal proceedings
APPEAL AND NEW TRIAL – Appeal against an interlocutory order – appeal against order severing an indictment – only in exceptional circumstances – appeal allowed
Supreme Court Act 1933 (ACT), ss 37E, 37S
Aon Risk Services Australia Ltd v ANU (2008) 227 FLR 388
DPP (ACT) v AI & Ors [2012] ACTCA 23
Gibb and McKenzie v The Queen (1982) 7 A Crim R 385
House v The King (1936) 55 CLR 499
Khalil v His Honour, Magistrate Johnson and Anor [2008] NSWSC 1092
Kola v The Queen [2006] ACTCA 23
R v Demirok [1976] VR 244
R v Elliott (1996) 185 CLR 250
R v WR [2009] ACTSC 93
Yates v Wilson (1989) 168 CLR 338
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
No. ACTCA 12 – 2012
No. ACTCA 13 – 2012
No. ACTCA 14 – 2012
No. SCC 295 of 2009
No. SCC 268 of 2009
No. SCC 369 of 2009
Judges: Refshauge, Penfold and Burns JJ
Court of Appeal of the Australian Capital Territory
Date: 10 April 2013
IN THE SUPREME COURT OF THE )
AUSTRALIAN CAPITAL TERRITORY ) No. ACTCA 12 – 2012
COURT OF APPEAL ) No. ACTCA 13 – 2012
No. ACTCA 14 – 2012
No. SCC 295 of 2009
No. SCC 268 of 2009
No. SCC 369 of 2009
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE QUEEN
Appellant
v
AI
AND:AD
AND:JR
Respondents
ORDER
Judges: Refshauge, Penfold and Burns JJ
Date: 10 April 2013
Place: Canberra
THE COURT ORDERS THAT:
Leave to appeal is granted.
The appeal is upheld.
The orders of the Chief Justice severing the indictment and ordering separate trials for each of the accused are set aside.
IN THE SUPREME COURT OF THE )
AUSTRALIAN CAPITAL TERRITORY ) No. ACTCA 12 – 2012
COURT OF APPEAL ) No. ACTCA 13 – 2012
No. ACTCA 14 – 2012
No. SCC 295 of 2009
No. SCC 268 of 2009
No. SCC 369 of 2009
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN…
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- Case
- [2013] ACTCA 16
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the Chief Justice erred in severing the indictment and ordering separate trials. This required the court to consider the principles governing the joinder and severance of charges against multiple accused, particularly when there are significant differences in the evidence against each. The court also had to determine the circumstances under which an appeal against an interlocutory order severing an indictment would be permitted.
The Court of Appeal reasoned that joint trials are generally favoured when accused persons are involved in the same criminal enterprise, share common witnesses, have performed acts in preparation together, or were all present for the incident in question. While acknowledging that differences in the case against each accused can be a factor, the court found that these differences did not, in this instance, provide a proper basis to sever the indictment. The court emphasised that appeals against interlocutory orders severing an indictment are only permissible in exceptional circumstances. Finding such circumstances to be present, the court allowed the appeal.
Consequently, the Court of Appeal granted leave to appeal, upheld the appeal, and set aside the Chief Justice's orders severing the indictment and directing separate trials for AI, AD, and JR.
Orders
Orders of the court
1. Leave to appeal is granted.
2. The appeal is upheld.
3. The orders of the Chief Justice severing the indictment and ordering separate trials for each of the accused are set aside.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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