EVIDENCE ACT 1929 - SECT 34T

EVIDENCE ACT 1929 - SECT 34T

34T—Severance

Where—

            (a)         2 or more defendants are charged in the same information; and

            (b)         a party proposes to adduce discreditable conduct evidence; and

            (c)         a defendant (the "applicant") applies prior to or during a trial for a separate trial or for a charge to be severed from the information,

the court, when considering the application, must give strong weight to a real possibility that the applicant may be prejudiced by—

            (d)         evidence proposed to be adduced by the prosecutor against another defendant which is not admissible against the applicant; or

            (e)         evidence proposed to be adduced by another defendant which is not admissible against the applicant; or

            (f)         the applicant's inability to adduce with respect to another defendant relevant evidence that would be admissible but for the operation of section 34P.