R v Sparos [2018] NSWSC 714

R v Sparos [2018] NSWSC 714

Decision on admissibility of the accused's prior testimony as admissions is further reserved to consider the extent to which the evidence meets the statutory definitions and is not excluded under the relevant provisions of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
21 May 2018
Procedural Posture
Criminal / Retrial Interim Evidentiary Ruling
Outcome
Decision further reserved
Legal Topics
['admissibility of Admissions' 'hearsay' 'prior Statements of Accused' 'consciousness of Guilt']
['criminal Law' 'evidence'] ['admissibility of Admissions' 'hearsay' 'prior Statements of Accused' 'consciousness of Guilt']

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Procedural Posture

Criminal / Retrial Interim Evidentiary Ruling

Legal Issues

  1. 1 ['Whether statements made by the accused in the first trial are admissible as admissions in the retrial' 'Whether such statements are inadmissible hearsay if not admissions' 'Whether the evidence should be excluded under ss 90, 135, or 137 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

Decision on admissibility of the accused's prior testimony as admissions is further reserved to consider the extent to which the evidence meets the statutory definitions and is not excluded under the relevant provisions of the Evidence Act 1995 (NSW).

Court Disposition

Decision further reserved

Orders

  • []