SUPREME COURT OF SOUTH AUSTRALIA
(Criminal: Voir Dire)
R v TRACEY & ORS (NO 1)
Reasons for Ruling of The Honourable Justice Nyland
22 September 2005
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - INFORMATION, INDICTMENT OR PRESENTMENT - JOINDER - JOINT OR SEPARATE TRIAL
Six accused charged jointly on the same information - three charged with murder and three charged with impeding the investigation of an offence - whether appropriate for murder charge to be tried with impeding charges - all charges arising out of the same body of evidence - admissibility of evidence - whether accused would be deprived of right to a fair trial - length of trial - inconvenience to witnesses - complicated jury directions in single trial - different nature of the murder charge to the impeding charges - order that impeding charges be separated from murder charge.
Criminal Law Consolidation Act 1935 (SA) s 278, referred to.
R v Assim [1966] 2 QB 249; R v Collie, Krantz and Lovegrove (1991) 56 SASR 302, applied.
Mawaz Kahn & Anor v The Queen [1967] 1 AC 454, distinguished.
Crane v Director of Public Prosecutions [1921] 2 AC 299; R v Liddy (No 2) (2002) 84 SASR 231; R v Barrell and Wilson (1979) 69 CrAppR 250; Liddy v R (2002) Leave to Appeal Refused HCA 14 August 2002; R v Farrell and Cotton (1990) 48 ACrimR 311; R v Middis NSWSC, Hunt J, 27 March 1991 (unreported); The Queen v Conlon & Anor (1982) 30 SASR 176, discussed.
The Queen v Rigney (1975) 12 SASR 30; The Queen v Hogan & Ors (1990) 159 LSJS 297; R v Smith, Turner & Anor (1994) 63 SASR 123; R v Trotter & Ors (1992) 58 SASR 223; R v Clothier and Williams (2001) 122 ACrimR 353; R v Bunting & Ors (No 3) (2003) 230 LSJS 410; Webb and Hay v R (1994) 181 CLR 41; The Queen v Darby (1982) 148 CLR 668; R v Guldur (1986) 8 NSWLR 12; R v Patsalis and Spathis (1999) 107 ACrimR 423; Kamleh v The Queen (2005) 213 ALR 97, considered.
R v TRACEY & ORS (NO 1)
[2005] SASC 355Voir Dire Ruling as to Application for Separate Trials:
John Michael Craig Tracey, Joshua Heath Considine, Michael Andrew Wallace, Naomi Sarah Wallace, Shivonne Anne Tracey and Christine Yvonne Dal Santo have been jointly charged on information with offences arising out of events which took place on 31 July 2002 at Elizabeth Downs, which resulted in the death of Stuart Watson.
The charges against the accused:
Count 1 on the information alleges that John Tracey, Joshua Considine and Michael Wallace murdered Stuart Watson.
Count 2 is a charge against Naomi Wallace of impeding the investigation of an offence on 15 August 2002, and Count 3 is a further charge of impeding on 19 August 2002 against Naomi Wallace for providing false information to the police on…
Continue reading R v Tracey (No 1)
Sign in free to access the full text
- AGLC
- R v Tracey (No 1) [2005] SASC 355
- Case
- [2005] SASC 355
- Decision Date
CaseChat Overview and Summary
In determining the appropriate course of action, the court referenced previous cases such as R v Collie, which highlighted the "gravely prejudicial character of the statements attributed to David Carter." The court concluded that a joint trial of the three accused charged with murder, without the other charges, would still involve a substantial body of inadmissible evidence against all three, necessitating careful jury directions. To simultaneously consider directions related to evidence arising from the impeding charges, which are of a different nature to the murder charge, would accumulate complicated directions and create extreme difficulty for the jury to understand what evidence was properly admissible for each accused. This, in turn, would create a substantial risk of depriving the accused of a fair trial.
The court ruled that Counts 2-5 should be severed from Count 1, with Count 1 proceeding first. Counts 2-5 would not commence until at least 21 days after a verdict was returned with respect to Count 1. Additionally, if an appeal was lodged against any conviction recorded with respect to Count 1, the separate trial should not commence until judgment had been given on appeal. The court deferred its decision on further inter se applications for separate trial with respect to Count 1 pending resolution of evidentiary matters on the voir dire and further submissions from counsel. Similarly, the court did not make a final decision on separate trials between those accused charged with impeding, as it was agreed that this matter should await the outcome of the trial of Count 1.
The final orders were that Counts 2-5 should be severed from Count 1, Count 1 should proceed first, and Counts 2-5 should not proceed until at least 21 days after a verdict was returned with respect to Count 1. In the event of an appeal being lodged against any conviction recorded with respect to Count 1, the separate trial should not commence until judgment had been given on appeal.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.