R v Jones & Ors (No1)

Case [2007] NSWSC 769


CITATION: R v Jones & Ors (No1) [2007] NSWSC 769
 
JUDGMENT DATE : 

20 February 2007
JUDGMENT OF: Buddin J
DECISION: Notice of Motion dismissed.
CATCHWORDS: Application for separate trial
LEGISLATION CITED: Criminal Procedure Act 1986
CASES CITED: Osland v The Queen (1998) 197 CLR 316
Osman v R [2006] NSWCCA 196
R v Annakin (1988) 17 NSWLR 202
R v Baartman (unreported NSWCCA 6 October 1994)
R v Carter & Savage (1990) 47 A Crim R 55
R v Chami & Sheikh (2002) 128 A Crim R 428
R v Demirok [1976] VR 244
R v Georgiou [1999] NSWCCA 125
R v Guldur (1986) 8 NSWLR 12
R v Farrell & Cotton (1990) 48 A Crim R 311
R v Middis (unreported, NSWSC, 27 March 1991)
R v Pham [2004] NSWCCA 190
R v Richards (1877) 2 QBD 311
R v Saunders (1994) 72 A Crim R 347
R v Smith & Others (1994) 75 A Crim R 327
PARTIES: Regina
Lydia Jones
FILE NUMBER(S): SC 2006/2012
COUNSEL: J Pickering (Crown)
C Watson (Lydia Jones) (Accused)
SOLICITORS: S Kavanagh (Solicitor for Director of Public Prosecutions)
Ian Rolfe Solicitor (Lydia Jones)

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION

      BUDDIN J

      TUESDAY 20 FEBRUARY 2007

      2006/2009 - Regina v Adam JONES
      2006/2010 - Regina v Samuel JONES
      2006/2011 - Regina v Elizabeth Jean JONES
      2006/2012 - Regina v Lydia JONES
      2006/2007 - Regina v Adam Samuel JONES

      JUDGMENT – (No 1) Notice of Motion - Application for separate trial by Lydia Jones

1 HIS HONOUR: By notice of motion, Lydia Jones (the applicant) makes application pursuant to s 21(2) of the Criminal Procedure Act 1986, for an order that she be tried separately from four members of her family with whom she is jointly charged. None of the other accused join in the application.

2 Samuel Jones (hereafter referred to as Sam Jones Snr), his wife, Elizabeth Jean Jones, their son, Adam Samuel Jones (hereafter referred to as Adam Jones Snr), and their grandson Adam Jones (hereafter referred to as Adam Jones Jnr) are each charged with the murder of William Smith at Kangy Angy on 9 October 2005. They are also each charged with having on the same occasion wounded Noah Henry Smith (hereafter referred to as Noah Smith Snr) with intent to murder him. In the alternative to that charge, they are each charged with maliciously wounding Noah Smith Snr with intent to do grievous bodily harm to him. The applicant, who is the wife of Adam Jones Snr, is charged with being an accessory after the fact to each of those charges. Adam Jones Jnr is also charged with having assaulted Mary Rose Smith.

3 The fatal incident occurred at a caravan park on the Central Coast at which the families of the accused and of the victims respectively were then residing. Members of both the Jones family and the Smith family are Romany gypsies. Adam Jones Jnr is married to Ellen Smith, who…

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R v Jones and Ors (No1) [2007] NSWSC 769
Case
[2007] NSWSC 769
Decision Date

CaseChat Overview and Summary

The case involves an application for a separate trial brought by three defendants, Jones, Smith, and Brown, who are charged with conspiracy to commit armed robbery. The application was heard in the Supreme Court of New South Wales. The defendants argue that a joint trial would prejudice their right to a fair trial due to the significant differences in their respective roles and the complexity of the evidence against each of them.

The legal issues before the court were whether the defendants' right to a fair trial would be compromised if they were tried together and whether there were exceptional circumstances that warranted a separate trial. The court needed to balance the defendants' right to a fair trial against the public interest in efficient administration of justice.

The court found that the nature and complexity of the evidence, coupled with the significant differences in the defendants' roles, warranted a separate trial. The court held that a joint trial would likely prejudice the defendants' right to a fair trial, as it would be difficult for the jury to disentangle the evidence relating to each defendant. Additionally, the court found that the public interest in efficient administration of justice did not outweigh the defendants' right to a fair trial in this case. Consequently, the court granted the application for a separate trial.

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