R v Lam Bui

Lam Bui was charged with murder along with a co-accused, and sought to have a separate trial on the basis that the reception of evidence that was admissible against his co-accused but inadmissible against him would endanger his prospects of a fair trial. The application was heard by the Supreme Court of Victoria. The legal issues before the court were whether the principles for a separate trial in R v Baartman applied and whether the reception of evidence admissible against the co-accused but inadmissible against the applicant would endanger the applicant’s prospects of a fair trial and whether this would result in a risk of positive injustice.

The court found that the principles for a separate trial in R v Baartman did apply, but that the reception of evidence admissible against the co-accused but inadmissible against the applicant would not endanger the applicant’s prospects of a fair trial. The court noted that the principles in R v Baartman were not absolute and that a separate trial would only be granted where there was a real risk of a miscarriage of justice. The court held that the applicant’s prospects of a fair trial would not be endangered as the inadmissible evidence would not be received in the separate trial. The court also found that there was no risk of positive injustice as the inadmissible evidence would not be considered in the separate trial.

The application for a separate trial for the applicant Lam Bui is refused.