R v Sparos [2018] NSWSC 711

Supreme Court New South Wales

Medium Neutral Citation: R v Sparos [2018] NSWSC 711 Hearing dates: 14 May 2018 Date of orders: 21 May 2018 Decision date: 21 May 2018 Before: Harrison J Decision: Letters may be adduced by the Crown only as proof of the accused's post-offence conduct as evidence of a consciousness of guilt Catchwords: EVIDENCE – admissions made with authority – co-conspirators rule – provisional relevance – whether statements by co-offender admissible against accused – whether it is reasonably open from evidence other than the statements themselves that the statements were made in furtherance of a common purpose –where letters written by co-offender from gaol

EVIDENCE – tendency and coincidence –consciousness of guilt evidence – whether significant probative value – whether abuse of process or procedural unfairness – where trial for the murder of Crown witness – where separate trial for perverting the course of justice – where evidence to be adduced in both trials Legislation Cited: Crimes Act 1900 (NSW), s 319 Evidence Act 1995 (NSW), ss 57(2), 87, 97, 98, Cases Cited: Ahern v The Queen (1988) 165 CLR 87; [1988] HCA 39 Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (2007) 160 FCR 321; [2007] FCA 794 Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 629 Cornwall v The Queen (2007) 231 CLR 260; [2007] HCA 12 Gardiner v R (2006) 162 A Crim R 233; [2006] NSWCCA 190 Hughes v The Queen (2017) 344 ALR 187; [2017] HCA 20 Lee v Australian Crime Commission (2013) 251 CLR 196; [2013] HCA 39 R v Mac (NSWCCA, 18 December 1997, unreported) Townsend v Townsend [2001] NSWCCA 136 Tripodi v The Queen (1961) 104 CLR 1; [1961] HCA 22 Watt v R [2000] NSWCCA 37 X7 v Australian Crime Commission (2013) 248 CLR 92; [2013] HCA 29 Category: Procedural and other rulings Parties: Regina (Crown) Luke John Sparos (Accused) Representation: Counsel: C Patrick SC (Crown) C Smith SC with D Carroll (Accused)