R v P (CA338/05)

In the case of R v P (CA338/05), the respondent faced an indictment containing 14 counts alleging sexual crimes, and one count of assaulting a female. The counts involved seven female complainants who are related to the respondent. The respondent applied for severance of the counts in the indictment, seeking four separate trials. The District Court directed severance of some counts, requiring two trials in respect of separate individual complainants, and a further trial of counts involving the remaining complainants. The Solicitor-General sought leave to appeal against that ruling, contending that all counts should be retained in one indictment and heard in a single trial.

The legal issues the court was required to decide were whether the severance of counts was appropriate and if so, how many separate trials should be held. The court had to consider the probative force of evidence and whether severance was conducive to the ends of justice. The court also needed to determine if the evidence relating to the offending against P was relevant to the charge of rape in respect of H, and also probative in respect of the evidence of the adopted daughter RW.

The court held that the Judge erred in his exercise of discretion in severance matters and did not fully appreciate some of the compelling factors that pointed against severance. The court found that the allegations were closely interwoven, with probative evidence being relevant to more than one complainant in a number of different ways. The ends of justice required that there be no severance of counts in the indictment. The appeal was allowed, and the orders for severance were quashed. There would be a trial of all counts in one indictment.

The final orders were that leave to appeal was granted, the appeal was allowed, and the orders for severance were quashed. There would be a trial of all counts in one indictment.