The applicant, charged jointly with a co-accused for assault with a weapon and aggravated assault, brought a motion to sever his trial from that of his co-accused.
The applicant argued that a statement made by the co-accused to police, which placed the applicant at the scene, would cause prejudice if heard by a jury in a joint trial.
The court applied the factors for severance and concluded that a strong limiting instruction to the jury would be sufficient to prevent prejudice.
The application for severance was dismissed.
