What is the test for severance when there is a confession by a co-accused?
Alberta, Canada
The following excerpt is from R. v. Horning, 2006 ABQB 501 (CanLII):
It is also clear that the question of severance is a discretionary one for the trial judge, even when there is a confession by a co-accused (McFall v. The Queen (1979), 1979 CanLII 176 (SCC), 48 C.C.C. 225 (S.C.C.)).
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