R v McBride

R v MICHAEL CLAUDE MCBRIDE
[2007] ACTSC 8 (13 February 2007)

CRIMINAL LAW – procedure – application for separate trial – applicant charged with two others in relation to assault – no prejudice in joint trial.

Human Rights Act 2004

Webb v R and Hay v R (1994) 181 CLR 41

R v Fernando [1999] NSWCCA 66

Bullen (1999) 102 A Crim R 74

R v Christou [1997] AC 117; 2 ER 927

No. SCC 120 of 2006 

Judge:              Connolly J
Supreme Court of the ACT

Date:               13 February 2007

IN THE SUPREME COURT OF THE       )
  )          No. SCC 120 of 2006
AUSTRALIAN CAPITAL TERRITORY    )

THE QUEEN

v

MICHAEL CLAUDE MCBRIDE

ORDER

Judge:  Connolly J
Date:  13 February 2007
Place:  Canberra

THE COURT ORDERS THAT:

1. The application for a separate trial be dismissed.

1. This is an application dated 21 November 2006 for a separate trial.  The applicant, Mr McBride, presently faces an indictment together with two other men in relation to an incident that allegedly occurred in a Canberra nightclub on 17 July 2005 in which a Mr Kamely was allegedly assaulted.  Mr Kamely subsequently died, but the indictment charges at its highest, the offences of assault occasioning actual bodily harm.

1. The indictment, dated 8 August 2006, alleges that on 17 July 2005 Mr Wayne Bullock assaulted Mr Kamely occasioning actual bodily harm.  It next alleges, in the alternative, that on the same date Mr Bullock assaulted Mr Kamely.  It then alleges that Francis Louis aided, abetted, counselled or procured Mr Bullock in the assault occasioning actual bodily harm to Mr Kamely.  It then alleges, in the alternative, that Mr Louis aided, abetted, counselled or procured Mr Bullock in the common assault on Mr Kamely.  It further alleges that Mr Louis assaulted Mr Kamely on the same date.

1. It alleges that Mr McBride, on the same date, assaulted Mr Kamely, occasioning to him actual bodily harm, and in the alternative that he committed common assault on Mr Kamely on that date.

1. The Crown case, as set out in the case statement filed with the indictment of 8 August 2006, is that Mr Kamely, who was visiting Canberra from Sydney, attended at a Canberra bar in the early hours of 17 July 2006.  He then is alleged to have become involved in an altercation with Mr Jesse Bullock.  It is alleged that as a consequence of this Mr Jesse Bullock was escorted from the bar by security staff, and that he then attended another Civic bar where his cousin, the accused Mr Wayne Bullock, was drinking with the accused Francis Louis.  It is alleged that Mr Jesse Bullock told his cousin about the altercation and, as a consequence, Mr Wayne Bullock, Mr Louis Francis, and others attended the original bar and commenced assaulting Mr Kamely.

1. It is alleged that Mr McBride had been drinking in the original bar, and that after observing Mr Bullock and Mr Francis assaulting Mr Kamely, he kicked Mr Kamely on a number of…