Regina v Patsalis & Spathis [No 3] [1999] NSWSC 718

Regina v Patsalis & Spathis [No 3] [1999] NSWSC 718

There was no impropriety in the police obtaining the statement from Mr Patsalis, as he was not under arrest nor subject to constraints requiring a warning at the time he handed the statement to the police; the document should be admitted.

Parties
Prosecution: Regina; Accused: Michael Patsalis; Accused: Alexios Spathis
Jurisdiction
Australia
Judgment Date
20 July 1999
Procedural Posture
Criminal / Interlocutory Evidentiary Ruling
Outcome
Document admitted
Legal Topics
Admissibility of Evidence, Impropriety, Failure to Warn, Criminal Practice and Procedure
Criminal Law Admissibility of Evidence Impropriety Failure to Warn Criminal Practice and Procedure

Case Brief

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Parties

Regina

Prosecution

Michael Patsalis

Accused

Alexios Spathis

Accused

Procedural Posture

Criminal / Interlocutory Evidentiary Ruling

Legal Issues

  1. 1 Whether the hand-written statement provided by Mr Patsalis to police should be excluded on grounds of impropriety due to failure to warn under the Evidence Act 1995 s138, s139
  2. 2 Whether the statement discloses previous offences or discreditable conduct affecting rules concerning propensity evidence

Ratio Decidendi

There was no impropriety in the police obtaining the statement from Mr Patsalis, as he was not under arrest nor subject to constraints requiring a warning at the time he handed the statement to the police; the document should be admitted.

Court Disposition

Document admitted

Orders

  • Subject to remaining argument to be dealt with in R v Patsalis & Spathis [No 4], the hand-written statement is admitted as evidence.