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.
Preface
Introduction – Law of co-offending in Australia
Principles applicable to co-accused trials
Chapter 1 – Pre-trial Issues
Chapter 2 – Practice and Procedure of Joint Trials
Chapter 3 – Accused and Co-Accused as Witnesses
Chapter 4 – No Case Submissions and Directed Verdicts in Joint Trials
Chapter 5 – Change of Plea During Trial
Chapter 6 – Closing Addresses and Comment on Other Accused’s Case
Chapter 7 – Directions by Trial Judge in a Joint Trial
The Office of the Director of Public Prosecutions and The Federation Press held a book launch for ‘Law of Co-offending in Australia’ in November 2022. This new title was launched by Sally Dowling SC, Director of Public Prosecutions.
[Photo] Sally Dowling SC, Director of Public Prosecutions (left) and Peter Lowe (right) at at the launch – 18/11/22.
The book will be highly assistive to counsel and solicitors alike who have carriage of a co-accused matter. Further, this text may be helpful for students, academics or policymakers looking to study or reform this area of law. The statement of each jurisdiction’s position and comparison across Australia may pique policymaker’s interest and promote changes or developments in the law. Overall, it is a text I recommend either as a source to read front to back or as a starting point on a particular matter of law relating to joint trials. The text would be of particular use in a jurisdiction where the UEA is enforced.
Madeleine Vlasich, Queensland Lawyer, Vol 40 (2024)
Lowe also devotes considerable energy to exploring particular trial applications in the context of a trial with multiple accused, including no case submissions, directed verdicts, changes of plea. Closing addresses, and the scope of permissible comment by one accused on the case of a co-accused, are two aspects where practitioners will benefit from Lowe’s insights.
The book is a practical and comprehensive account of the law of co-offending. Throughout, Lowe navigates fine lines in the balance of interests when co-accused are jointly tried. It has day-to-day utility to practitioners in the various Australian jurisdictions, by identifying and explaining the rules, with accessible clarity, which apply in each place and the permutations on how they work. Read full review…
Ann Bonnor, Bar News, The NSW Bar Association, Winter 2023
