R v Su & Goerlitz

The defendants, Su and Goerlitz, were jointly charged with multiple counts of serious criminal offences. The dispute centred on the admissibility of prosecution evidence against Goerlitz in the context of a joint trial with Su. The High Court of Australia was tasked with determining whether the evidence should be admitted, given its potential prejudicial impact on Su's right to a fair trial. The court needed to balance the principle of fairness for both defendants against the efficiency and economy of the judicial process.

The primary legal issue was whether the prejudicial effect of the prosecution evidence on Su, if admitted in a joint trial with Goerlitz, would render the trial unfair for Su. The court examined the principles guiding decisions on separate trials and whether those principles necessitated a severance in this case. It also considered the impact on judicial resources and the rights of both defendants under the common law tradition.

The High Court concluded that the prejudicial effect on Su would indeed make the joint trial unfair. The court found that the principles governing the admissibility of evidence in joint trials necessitated a ruling that the prosecution evidence against Goerlitz be admitted, but with a corresponding order for separate trials to ensure a fair trial for Su. This decision preserved the rights of both defendants while upholding the principles of a fair judicial process.