Severance — joinder — wilfully attempting to pervert the course of justice — assault — trial by ambush — Churchis v R [2014] NZCA 281 — Criminal Procedure Act 2011, s 138. The defendant faced charges of assault and wilfully attempting to pervert the course of justice. The Crown made an application for the charges to be joined, arguing that the wilfully attempting to pervert the course of justice charges were connected by circumstances to the assault charges; that joining the charges would prevent the complainant from having to give evidence at two seperate trials; and that joining the trials would cause the defendant no unfair prejudice. The defendant made an application that the charges be severed, on the grounds that he had not had time to prepare for the wilfully attempting to pervert the course of justice charges; that the charges were not connected by time and circumstance; that joining the charges would cause disruption to other trials scheduled for the same week; and that hearing the charges together would cause him unfair prejudice, by turning the jury against him. The Court found that the start of the trial could be delayed if the defendant needed more time to prepare, and that possible disruption to other trials was not a relevant consideration. The different charges were fairly closely connected in time, and inextricably linked in terms of circumstance. Without the allegations of violence there would be no attempt to pervert the course of justice charges, so to separate the charges would be artificial. There was no risk of unfair prejudice to the defendant, and it was desirable to prevent the complainant from having to give evidence at two separate trials. The Court ruled that the charges should be joined. Judgment Date: 15 January 2020.