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There is a strong presumption that co-accused who are alleged to have acted in concert are to be tried together. This is particularly so where the co-accused advance “cut-throat” defences in which they blame each other for the crime alleged. Such cases pose a serious risk of inconsistent verdicts which can be avoided by a joint trial.

A trial judge’s decision on severance is discretionary and attracts deference on appeal: R v Gayle, 2017 ONCA 297 at para 37

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