The applicant, A.D., charged with two counts of sexual assault involving two different complainants (SG and MM), applied to sever the counts for separate trials.
The court considered factors including general prejudice to the accused, legal and factual nexus, complexity of evidence, and the use of similar fact evidence.
The court found a significant risk of prejudice if the counts were tried together, particularly due to strong admissions made by the accused regarding MM that would not be admissible against SG.
Despite efficiencies in a single trial, the court determined that the prejudicial effect outweighed the benefits, especially given that separate trials could be accommodated within the existing time slot, mitigating delay concerns.
The application to sever the counts was granted.
