The applicant sought severance from her co-accused on the basis that a joint trial would result in significant prejudice and an unfair trial.
The applicant faces a charge of first degree murder while her co-accused faces second degree murder, despite the Crown alleging the same conduct of planning and deliberation against both.
The applicant argued that the differential charges would improperly lead the jury to conclude she is more culpable.
The Crown opposed severance, arguing that any prejudice would be eliminated through proper jury instructions.
The court dismissed the severance application, finding that the presumption of joint trial applies with particular force where co-accused are blaming each other, that the evidence is the same against both, and that jury instructions would adequately protect against any risk of prejudicial reasoning.
