Regina v JP

The applicant, JP, applied for a separate trial from his co-accused in relation to a charge of murder. The case was heard in the Supreme Court of South Australia. The central issue in the Crown's case was the identity of the person who used a bottle as a weapon against the deceased. The applicant argued that the Crown's case against him was reasonably strong, but the evidence against the co-accused was inadmissible against him. The inadmissible evidence was the only evidence that could be seen as directly bearing upon the issue of identity.

The court was required to decide whether a separate trial should be granted to avoid a miscarriage of justice. The court found that the Crown's case made stronger by reason of the prejudicial inadmissible material. The court also found that the jury directions were not sufficient to avoid a miscarriage of justice. The court considered the real risk of positive injustice in a joint trial and ordered a separate trial for the applicant.

The court noted that the Crown's case against the applicant was a strong circumstantial case. However, the inadmissible evidence against the co-accused was the only evidence that could be seen as directly bearing upon the issue of identity. The court found that there was a real risk of positive injustice in a joint trial, and that a separate trial was necessary to avoid a miscarriage of justice. The court ordered a separate trial for the applicant.