R v Sparos [2018] NSWSC 740

Supreme Court New South Wales

Medium Neutral Citation: R v Sparos [2018] NSWSC 740 Hearing dates: 22 May 2018 Date of orders: 23 May 2018 Decision date: 23 May 2018 Before: Harrison J Decision: The Crown's application to read the evidence given by Mr Sparos at his earlier trial is rejected. Catchwords: EVIDENCE – admissions – criminal proceedings – whether exculpatory statements by accused amount to admissions – whether such statements amount to implied admissions if untruthful – where accused gave evidence at first trial – where Crown seeks to read portions of that evidence in this trial – where evidence given by accused consistent with plea of not guilty Legislation Cited: Evidence Act 1995 (NSW), ss 90, 135, 137 Cases Cited: Kuehne v R; Humphries M v R; Humphries A v R [2012] NSWCCA 270 R v Heffernan; R v Peters (NSWCCA, Smart J, 23 February 1998, unreported) R v Horton (1998) 45 NSWLR 426 R v McGregor (1967) 51 Cr App R 338 R v Mills [1986] VR 617 R v Sonnet [2011] VSC 551 R v Sparos [2018] NSWSC 714 Stuart v The King (1921) 29 CLR 234 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)

Solicitors: Director of Public Prosecutions (Crown) Kiki Kyriacou Lawyers (Accused) File Number(s): 2014/196615 Publication restriction: Nil