R v Sparos (No 1) [2017] NSWSC 1410

R v Sparos (No 1) [2017] NSWSC 1410

The trial date had to be vacated because the trial could not be finalised in 2017 after the Crown belatedly changed the scope and length of its case, served substantial additional material, raised new pre-trial issues, and created consequential difficulties about defence representation. The accused had privately funded his defence on the footing of a six- to eight-week retrial with the same counsel and suffered unfairness when those costs were thrown away. That unfairness was caused by the Crown's serious fault in failing to identify and raise the changed prosecution case much earlier, despite earlier representations that the retrial would be a six-week matter with no further evidence or...

Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Criminal Proceedings for Murder / Accused's Notice of Motion Seeking a Temporary Stay of Proceedings Until Payment by the Director of Public Prosecutions (nsw) of Reasonable Costs Thrown Away by the Trial Date Being Vacated
Outcome
Application granted; trial date vacated and proceedings temporarily stayed unless and until the Director of Public Prosecutions (NSW) pays the accused's reasonable costs thrown away, with quantum to be determined later.
Legal Topics
['murder Trial Vacated' 'temporary Stay of Indictment' 'costs Thrown Away' 'late Service of Additional Prosecution Material' 'fault of the Crown' 'unfairness to Accused' 'tendency and Coincidence Evidence' 'legal Professional Privilege Waiver']
['criminal Law' 'criminal Procedure' 'costs in Criminal Proceedings' 'evidence'] ['murder Trial Vacated' 'temporary Stay of Indictment' 'costs Thrown Away' 'late Service of Additional Prosecution Material' 'fault of the Crown' 'unfairness to Accused' 'tendency and Coincidence Evidence' 'legal Professional Privilege Waiver']

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Procedural Posture

Criminal Proceedings for Murder / Accused's Notice of Motion Seeking a Temporary Stay of Proceedings Until Payment by the Director of Public Prosecutions (nsw) of Reasonable Costs Thrown Away by the Trial Date Being Vacated

Legal Issues

  1. 1 ['Whether the accused suffered unfairness because the trial date of 3 October 2017 was vacated.' 'Whether the unfairness was caused by fault of the Crown of a sufficiently serious kind.' "Whether the proceedings should be temporarily stayed until the Director of Public Prosecutions (NSW) pays the accused's reasonable costs thrown away." "Whether the Crown's late change to the scope and length of its case, late service of additional material, and late identification of pre-trial issues caused the trial to be unable to proceed."]

Ratio Decidendi

The trial date had to be vacated because the trial could not be finalised in 2017 after the Crown belatedly changed the scope and length of its case, served substantial additional material, raised new pre-trial issues, and created consequential difficulties about defence representation. The accused had privately funded his defence on the footing of a six- to eight-week retrial with the same counsel and suffered unfairness when those costs were thrown away. That unfairness was caused by the Crown's serious fault in failing to identify and raise the changed prosecution case much earlier, despite earlier representations that the retrial would be a six-week matter with no further evidence or...

Court Disposition

Application granted; trial date vacated and proceedings temporarily stayed unless and until the Director of Public Prosecutions (NSW) pays the accused's reasonable costs thrown away, with quantum to be determined later.

Orders

  • ['The trial date of 3 October 2017 is vacated.' 'The proceedings against Luke Sparos be stayed unless and until the Director of Public Prosecutions (NSW) pays to him his reasonable costs thrown away by the trial date of 3 October 2017 being vacated. The amount of costs payable will be determined by the court at a...