Application for severance — volcanic eruption — interests of justice — Criminal Procedure Act 2011, s 138 — Churchis v R [2014] NZCA 281 — R v Cobb (HC Hamilton CRI-2006-019-4626, 14 December 2006) — R v M [2017] NZCA 72. The defendant faced one charge under the Health and Safety at Work Act arising from the Whakaari eruption in 2019. The defendant applied to have the charge against it severed from the co-defendants, on the basis that the charge it faced was relatively narrow and a separate trial would be more appropriate. WorkSafe opposed this application. The Court acknowledged that a separate trial would be much shorter than a joint trial, but held that the actions or processes of the defendant were likely to be relevant at the main trial. The possible prejudice the defendant might face upon cross-examination was dismissed by the Court, as this was a judge-alone trial. While the defendant would be put to extra cost by participating in the full trial, the Court concluded that it would have been required to monitor the main trial regardless. The fair treatment of all parties and efficient dispatch of court business was the primary focus. The Court held that severance could lead to unjust outcomes related to factual findings, and a severed trial would not take place until late 2024 due to court rostering delays. The application for severance was dismissed. Judgment Date: 10 February 2023.