R v Sparos [2018] NSWSC 854

Supreme Court New South Wales

Medium Neutral Citation: R v Sparos [2018] NSWSC 854 Hearing dates: 4-6 June 2018 Date of orders: 07 June 2018 Decision date: 07 June 2018 Before: Harrison J Decision: Accused's application to discharge the jury or alternatively to adjourn the proceedings is refused Catchwords: CRIMINAL PROCEDURE – where instructions to counsel appearing for accused withdrawn – application for adjournment – application to discharge the jury – whether counsel's dismissal reasonable Legislation Cited: Legal Profession Uniform Conduct (Barristers) Rules 2015 (NSW), r 42 Cases Cited: Browne v Dunn (1893) 6 R 67 Giannarelli v Wraith (1988) 165 CLR 543; [1988] HCA 52 R v Gilfillan (2003) 139 A Crim R 460; [2003] NSWCCA 102 R v Sparos (No 1) [2017] NSWSC 1410 R v Sparos (No 2) [2017] NSWSC 1462 R v Sparos (No 4) [2018] NSWSC 323 Category: Procedural and other rulings Parties: Regina (Crown) Luke John Sparos (Accused) Representation: Counsel: C Patrick SC (Crown)

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

Judgment 1. HIS HONOUR: By his notice of motion filed in Court on 4 June 2018, the accused Mr Luke Sparos seeks an order either that the trial be adjourned for four weeks or that the jury be discharged and a new trial be scheduled no earlier than 2 July 2018. For the purposes of understanding the procedural history of this case and the general forensic context, I will assume a familiarity with the previous decisions of N Adams J in R v Sparos (No 1) [2017] NSWSC 1410, R v Sparos (No 2) [2017] NSWSC 1462 and R v Sparos (No 4) [2018] NSWSC 323. 2. Mr Sparos' application arises in the following circumstances.