R v Sparos (No 1) [2017] NSWSC 1410

Supreme Court New South Wales

Medium Neutral Citation: R v Sparos (No 1) [2017] NSWSC 1410 Hearing dates: 12, 17 October 2017 Decision date: 20 October 2017 Before: N Adams J Decision: (1) The trial date of 3 October 2017 is vacated. (2) The proceedings against Luke Sparos be stayed unless and until the Director of Public Prosecutions (NSW) pays to him his reasonable costs thrown away by the trial date of 3 October 2017 being vacated. The amount of costs payable will be determined by the court at a subsequent hearing. Catchwords: CRIMINAL LAW – murder trial vacated – application for stay of indictment until payment by Crown of accused's costs thrown away – whether circumstances leading to need for adjournment the fault of the Crown – whether unfairness to accused Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW), s 142 Evidence Act 1995 (NSW), ss 97, 98 Suitors Fund Act 1951 (NSW) Cases Cited: Cornwell v The Queen [2007] HCA 12; (2007) 231 CLR 260 Jago v District Court (NSW) (1989) 168 CLR 23; (1989) 41 A Crim R 307 Jones v Dunkel (1959) 101 CLR 298 Lee v Attorney-General for NSW [2017] NSWCCA 27 Petroulias v R [2007] NSWCCA 154 R v Carbone (No. 2) [2017] NSWSC 346 R v Curtis [2014] NSWSC 1582 R v Fisher (2003) 56 NSWLR 625 R v Khazaal [2006] NSWSC 1353 R v Michael John Issakidis [2015] NSWSC 834 R v Mosely (1992) 28 NSWLR 735 R v Seebag (unreported, Court of Criminal Appeal, 16 February 1993) Stewart v The King (1921) 29 CLR 234 Category: Procedural and other rulings Parties: Regina (Crown) Luke John Sparos (Accused) Representation: Counsel: Mr C Patrick SC (Crown) Mr C Heliotis QC with Mr A Djemal (Accused)