R -v- WOOD & ANOR [2000] WASC 64
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASC 64 | |
| Case No: | INS:154/1999 | 13 MARCH 2000 | |
| Coram: | MALCOLM CJ | 13/03/00 | |
| 7 | Judgment Part: | 1 of 1 | |
| Result: | Application refused | ||
| PDF Version |
| Parties: | THE QUEEN STEVEN BRADLEY WOOD DAMIEN PETER WILLIS |
Catchwords: | Criminal law and procedure Application by one of the two co-accused for a separate trial General rule that persons alleged to be involved in joint enterprise should be tried together Admissibility of statement made by one accused about his co-accused in video interview Potential prejudice of statement by co-accused Any prejudice could be cured by an appropriate direction to the jury |
Legislation: | Nil |
Case References: | Attorney-General's Reference No 1 (1977) 79 WAR 45 Cookson (1989) 45 A Crim R 121 DPP v Merriman [1973] AC 584 R v Annakin (1988) 37 A Crim R 131 R v Atkinson (1706) 1 Salk 382 R v Benfield and Saunders (1760) 2 Burr 980 R v Demirok (1976) 50 ALJR 550 R v Fenwick (1953) 54 SR (NSW) 147 R v Grondkowski, R v Malinowski [1946] KB 369 R v Holley (1969) 53 Cr App R 519 R v Parker [1969] 2 QB 248 R v Rowlands [1972] 1 QB 424 R v Scaramanga [1963] 2 QB 807 R v Short [1928] St R Qd 246 R v Tool [1955] 2 WN (NSW) 338 R v Trafford (1871) 1 B&AD 874 Seiffert v R, unreported, CCA SCt of WA; Library No 990003; 15 January 1999 Sutton v R (1983) 152 CLR 528 Young v R (1789) 3 Term Rep 98 Nil |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CRIMINAL
AND
STEVEN BRADLEY WOOD
DAMIEN PETER WILLIS
Catchwords:
Criminal law and procedure - Application by one of the two co-accused for a separate trial - General rule that persons alleged to be involved in joint enterprise should be tried together - Admissibility of statement made by one accused about his co-accused in video interview - Potential prejudice of statement by co-accused - Any prejudice could be cured by an appropriate direction to the jury
Legislation:
Nil
Result:
Application refused
(Page 2)
Representation:
Counsel:
The Crown : Mr B Fiannaca & Mr D T Carlson
The Accused Wood : Ms A G Braddock
The Accused Willis : Mr B J Singleton QC & Ms A E Horrigan
Solicitors:
The Crown : State Director of Public Prosecutions
The Accused Wood : Justine Fisher
The Accused Willis : Andree Horrigan
Case(s) referred to in judgment(s):
Attorney-General's Reference No 1 (1977) 79 WAR 45
Cookson (1989) 45 A Crim R 121
DPP v Merriman [1973] AC 584
R v Annakin (1988) 37 A Crim R 131
R v Atkinson (1706) 1 Salk 382
R v Benfield and…
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Details
- AGLC
- R v Wood [2000] WASC 64
- Case
- [2000] WASC 64
- Decision Date
CaseChat Overview and Summary
In the matter of the Criminal Case against Wood, the applicant, along with a co-accused, was charged with serious criminal offences including conspiracy to murder and armed robbery. The case was heard in the Supreme Court of Victoria. Wood sought a separate trial from his co-accused, arguing that a joint trial could result in prejudice due to potentially inadmissible statements made by the co-accused about Wood during a video interview. The primary legal issues before the court were whether the general principle that co-accused should be tried together could be overridden and whether the potential prejudice from the co-accused's statement could be mitigated by an appropriate direction to the jury.
The court considered the well-established principle that co-accused should generally be tried together to ensure fairness and efficiency in the judicial process. However, it acknowledged the potential for prejudice if a co-accused’s statement implicates the other in a manner that could unfairly influence the jury. The court assessed whether such prejudice could be adequately addressed through jury directions. In this instance, the court concluded that any prejudice arising from the co-accused's statement could be sufficiently mitigated by an appropriate direction from the trial judge, thereby preserving the principle of a joint trial while addressing the risk of prejudice. The application for a separate trial was therefore refused.
The court considered the well-established principle that co-accused should generally be tried together to ensure fairness and efficiency in the judicial process. However, it acknowledged the potential for prejudice if a co-accused’s statement implicates the other in a manner that could unfairly influence the jury. The court assessed whether such prejudice could be adequately addressed through jury directions. In this instance, the court concluded that any prejudice arising from the co-accused's statement could be sufficiently mitigated by an appropriate direction from the trial judge, thereby preserving the principle of a joint trial while addressing the risk of prejudice. The application for a separate trial was therefore refused.
Orders
Orders of the court
Application refused
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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