R v Sparos (No 2) [2017] NSWSC 1462

Supreme Court New South Wales

Medium Neutral Citation: R v Sparos (No 2) [2017] NSWSC 1462 Hearing dates: 26 October 2017 Decision date: 27 October 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Order that, subject to Order 2, the proceedings against Luke Sparos be stayed unless and until the Director of Public Prosecutions (NSW) pays to him or at his direction the sum of $150,950. (2) The proceedings be listed for mention before me on 3 November 2017 at 9:30am. (3) The parties have liberty to apply on one day's notice. Catchwords: CRIMINAL LAW – trial date vacated - proceedings against the accused stayed until DPP pays to accused his reasonable costs thrown away by the trial date being vacated – whether the quantum of the legal costs thrown away by the trial date being vacated is reasonable – what amount is payable by the DPP Cases Cited: R v Carbone (No. 2) [2017] NSWSC 346 R v Michael John Issakidis v R [2015] NSWSC 834 R v Sparos (No 1) [2017] NSWSC 1410 Category: Costs Parties: Regina (Crown) Luke John Sparos (Accused) Representation: Counsel: Mr C Patrick SC (Crown) Mr C Heliotis QC (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Kiki Kyriacou Lawyers (Accused) File Number(s): 2014/00196615

Judgment 1. On 20 October 2017, I ordered that proceedings against the accused Luke Sparos be stayed unless and until the Director of Public Prosecutions (NSW) ("DPP") pays to him his reasonable costs thrown away by the trial date of 3 October 2017 being vacated: R v Sparos (No 1) [2017] NSWSC 1410 ("R v Sparos (No 1)"). 2. It had been agreed by the Crown and the accused in the course of the hearing of that application that the Court would first determine the question of whether a temporary stay should be granted and then, in the event that the order was made, separately determine the quantum of costs. Accordingly, I ordered on 20 October 2017 that the Court would determine the amount of costs payable at a subsequent hearing. At that time, the accused's solicitor agreed to provide to the Court and the Crown the necessary evidence to establish the reasonable costs incurred by the accused no later than 9am on Tuesday, 24 October 2017. The matter was then stood over for further hearing on 26 October 2017. 3. I have set out the lengthy procedural history of this matter and the reasons for granting the temporary stay in some detail in R v Sparos (No 1). This judgment should be read in conjunction with that judgment. 4. In summary, the accused first stood trial with three co-accused before M Adams J commencing on 11 April 2016. The trial proceeded for 17 weeks. On 5 August 2016, the jury was unable to reach a verdict in relation to the accused and was discharged. The accused privately funded his defence at that trial. On 2 September 2016, Johnson J set the matter down for a new trial on 3 October 2017 with an estimate of six weeks. When the re-trial came on before me on 3 October 2017, it became apparent it could not be finalised this year. On 4 October 2017, I indicated that the trial date would have to be vacated. On 9 October 2017, the accused indicated that he would be seeking a temporary stay of the trial until such time as the DPP pays his costs thrown away by reason of the trial being unable to proceed. That notice of motion was heard by me on 13 and 17 October 2017 and I granted the relief sought on 20 October 2017. 5. The sole remaining question for my determination is the quantum of the reasonable legal costs thrown away by the trial date being vacated in this matter.