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Court of Appeal dismisses appeal against a conviction for causing serious harm and producing a weapon, on the grounds that there was no unfairness or injustice in a decision refusing an application by the appellant to be tried separately to his co-accused as the trial judge had carefully considered the arguments both for and against and exercised his discretion lawfully and within the limits of his jurisdiction.
Appellant convicted of causing serious harm contrary to s. 4 of the Non Fatal Offences Against the Person Act 1997 - and also of producing a weapon or article capable of inflicting serious injury, namely a baseball bat - jointly tried with a co-accused - he was not charged with the same offences, but rather was charged with a single count of possession of a baseball bat - whether trial judge erred in refusing to direct that the appellant be tried separately from his co-accused -question of whether an application for severance should be granted is for the discretion of the trial judge - trial judge in carefully considered the arguments both for and against and exercised his discretion lawfully and within the limits of his jurisdiction.
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