Overview

Law of Co-offending in Australia is about the practice, procedure and legal aspects of joint trials and how such trials differ in important respects from the trial of a sole accused. Trial fairness, the foundation stone on which the Australian criminal justice process rests, is rarely more challenged than when viewed through the lens of a trial of multiple accused. This book examines the joint trial of accused from various perspectives. The position of the prosecutor in relation to co-accused is discussed as is the respective positions of co-accused among each other. The trial judge's position with relation to these issues is also considered. There are tactical and strategic considerations at play where co-accused are involved which impact overall trial fairness. When tried separately as a sole accused the issue of trial fairness is measured by the way that the prosecution frames its case and marshals its evidence with the trial judge determining the admissibility of evidence as a matter of law and adjudicating the issues of fairness arising between the accused and the prosecution as a matter of discretion. In joint trials, by contrast, trial fairness cannot override the need for a particular accused to make out their defence in a joint trial to exculpate themself and, as oftentimes happens, inculpate other accused. The focus of the book is how each of the Australian jurisdictions deal with these issues affecting co-accused both under common law and under statute. The book is intended for practitioners of criminal law, both prosecution and defence, as well as the judiciary. It is a practical and comprehensive account of the law of co-offending in Australia.

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9781760024192

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