R v Sparos [2018] NSWSC 1042

Supreme Court New South Wales

Medium Neutral Citation: R v Sparos [2018] NSWSC 1042 Hearing dates: 4 July 2018 Date of orders: 09 July 2018 Decision date: 09 July 2018 Jurisdiction: Common Law Before: Harrison J Decision: The tender of MFI 84 is rejected Catchwords: EVIDENCE – exclusion of evidence – whether probative value of evidence is outweighed by the danger of unfair prejudice to the accused – where the Crown seeks to tender evidence of phone records of calls to the deceased – where the Crown cannot assert that the call records demonstrate that threats came from the accused or by someone associated with the accused – where the Crown seeks to rely on the call records to rebut the inference that threats to the deceased were made by others – where there is a danger that the jury may give too much weight to the evidence

CRIMINAL PROCEDURE – Criminal Procedure Act 1986 (NSW), s 130A – whether it would not be in the interests of justice for the previous order to be binding – where evidence admitted in the first trial – where evidence is unfairly prejudicial to the accused – where new circumstances – where accused unrepresented Legislation Cited: Criminal Procedure Act 1986 (NSW), s 130A Category: Procedural and other rulings Parties: Regina (Crown) Luke John Sparos (Accused) Representation: Counsel: C Patrick SC (Crown)

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

Judgment 1. HIS HONOUR: The Crown proposes to tender a summary of phone records. That tender originally included a total of seven calls. In response to Mr Sparos' objection, the Crown has now discarded three of these. The remaining four calls were marked as MFI 84 and are as follows: Date Time Duration Type Caller Receiver Location 2. 20/06/2010 19:55:34 0:01:49 Voice 0428487927 – Daniel AGIUS 0414286131 – Gemahl MAIKA Hoxton Park 3. 20/06/2010 20:08:24 0:02:24 Voice 0414286131 – Gemahl MAIKA 0428487927 – Daniel AGIUS Unknown 5. 20/06/2010 22:19:57 0:00:34 Voice 0246461200 – Payphone 0414286131 – Gemahl MAIKA Melaleucca Rd & Holdsworth Dr, Narellan Vale 6. 20/06/2010 22:22:16 0:00:09 Voice 0246461200 – Payphone 0414286131 – Gemahl MAIKA Melaleucca Rd & Holdsworth Dr, Narellan Vale