SPURLING v REGINA EVERUSS v REGINA [2006] NSWCCA 245

New South Wales Court of Criminal Appeal

CITATION: SPURLING v REGINA EVERUSS v REGINA [2006] NSWCCA 245

HEARING DATE(S): 5 June 2006

JUDGMENT DATE: 11 August 2006

JUDGMENT OF: McClellan CJ at CL at 1; Johnson J at 56; Latham J at 57

DECISION: 1. Both appeals dismissed; 2. Leave to appeal against sentence is granted in each case but the appeals are dismissed.

CATCHWORDS: CRIMINAL LAW - criminal procedure - detention after arrest - interviewing a vulnerable person - whether accused was a vulnerable person by reason of mental impairment - duties of custody managers - EVIDENCE - lies - consciousness of guilt - admissibility and use against co-accused - SENTENCING - parity - where co-accused receives heavier sentence than principal due to prior criminal record - whether sentences for each offender were manifestly excessive

Crimes Act 1900 (NSW) Pt 10A LEGISLATION CITED: Crimes (Detention After Arrest) Regulation 1998 r 5, Sch 1 Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999

R v Bright [2000] NSWCCA 258 R v Cook [2004] NSWCCA 52 CASES CITED: R v Henry & Ors (1999) 46 NSWLR 346 R v Phung and Huynh [2001] NSWSC 115 R v Veen [No 2] 1988 164 CLR 465 Webb & Hay v The Queen (1994) 181 CLR 41

Travis Leigh Spurling (Appl) PARTIES: Michael John Everuss (Appl) The Crown

FILE NUMBER(S): CCA 2006/436; 2006/435

D Dalton (Spurling) COUNSEL: A Francis (Everuss) J Dwyer (Crown)

Legal Aid Commission of NSW (Spurling) SOLICITORS: Legal Aid Commission of NSW (Everuss) Director of Public Prosecutions (Crown)