R v Sparos [2018] NSWSC 740

R v Sparos [2018] NSWSC 740

Evidence given by Mr Sparos at his previous trial, being entirely exculpatory and consistent with his plea of not guilty, cannot be regarded as admissions under the Evidence Act 1995 (NSW), even if found to be lies; therefore, the Crown's application to read this evidence as admissions is rejected.

Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Criminal / Pre Trial Evidentiary Ruling
Outcome
Crown's application to read the evidence given by Mr Sparos at his earlier trial is rejected.
Legal Topics
['admissibility of Evidence' 'admissions' 'exculpatory Statements' 'implied Admissions' 'exclusion Under Evidence Act']
['criminal Law' 'evidence'] ['admissibility of Evidence' 'admissions' 'exculpatory Statements' 'implied Admissions' 'exclusion Under Evidence Act']

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Procedural Posture

Criminal / Pre Trial Evidentiary Ruling

Legal Issues

  1. 1 ['Whether exculpatory statements by accused amount to admissions under Evidence Act 1995 (NSW)' 'Whether such statements amount to implied admissions if untruthful' 'Whether evidence given by accused at first trial can be read in later trial as admissions' 'Applicability of ss 90, 135, 137 of Evidence Act to exclusion of evidence']

Ratio Decidendi

Evidence given by Mr Sparos at his previous trial, being entirely exculpatory and consistent with his plea of not guilty, cannot be regarded as admissions under the Evidence Act 1995 (NSW), even if found to be lies; therefore, the Crown's application to read this evidence as admissions is rejected.

Court Disposition

Crown's application to read the evidence given by Mr Sparos at his earlier trial is rejected.

Orders

  • ["Crown's application to read prior evidence refused"]