The State of Western Australia v Campbell

The State of Western Australia filed an application in the Supreme Court of Western Australia against Campbell, who was facing criminal charges. The applicant sought a separate trial on the basis that evidence only admissible against co-accused would prejudice the applicant if tried jointly. The court had to decide whether any prejudice to the applicant could be guarded against by the trial judge's directions to the jury. The court considered whether the prejudice to the applicant would be significant, and if the prejudice could be mitigated by directions to the jury. It was noted that the court has a discretion under section 133(4) of the Criminal Procedure Act 2004 (WA) to order a separate trial if it is satisfied that a fair trial cannot be achieved. The court held that the prejudice to the applicant was not significant enough to warrant a separate trial. The court also held that any prejudice could be guarded against by directions to the jury. The application for a separate trial was therefore refused. The court did not make any orders in relation to the application.