Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Constantinidis v R; Lazar v R [2022] NSWCCA 4 Hearing dates: 9-10 November 2021 Date of orders: 11 February 2022 Decision date: 11 February 2022 Before: Gleeson JA
Fagan J
Lonergan JDecision: In the appeal of Achilles Constantinidis:
(1) Leave to appeal granted.
(2) Appeal upheld on grounds 3 and 4.
(3) The finding of the Trial Judge that the appellant is guilty is set aside and in lieu thereof direct that there be entered a finding of not guilty.
In the appeal of Ian David Lazar:
(1) Leave to appeal granted.
(2) Appeal upheld on grounds 2 and 3.
(3) The finding of the Trial Judge that the appellant is guilty is set aside and in lieu thereof direct that there be entered a finding of not guilty.
Catchwords: CRIME — Appeals — Appeals against conviction — Unreasonable verdict — Judge alone trial — Single charge – Perverting the course of justice — Character evidence — Reasonable doubt about evidence of critical Crown witness
Legislation Cited: Crimes Act 1900 (NSW)
Criminal Appeal Act 1912 (NSW)
Criminal Procedure Act1986 (NSW)
Evidence Act 1995 (NSW)
Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW)
Cases Cited: Doney v The Queen [1990] HCA 51; (1990) 171 CLR 20
Eastman v The Queen (2000) 203 CLR 1; [2000] HCA 29
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29
Fleming v The Queen (1998) 197 CLR 250; [1998] HCA 68
Melbourne v The Queen (1999) 198 CLR 1; [1999] HCA 32
R v Andrews [1982] 2 NSWLR 116
R v Lazar; R v Constantinidis [2020] NSWDC 3
R v Stalder [1981] 2 NSWLR 9
The Queen v A2; The Queen v Magennis; The Queen v Vaziri [2019] HCA 35
Category: Principal judgment Parties: Achilles Constantinidis (Applicant)
Ian David Lazar (Applicant)
Regina (Crown)Representation: Counsel:
Solicitors:
T Game SC with D Barrow (Applicant Constantinidis)
G Bashir SC with C Parkin (Applicant Lazar)
M Kumar with K Mackenzie (Crown)
Wight & Strickland (Applicant Constantinidis)
Murphy’s Lawyers (Applicant Lazar)
Solicitor for the Director of Public Prosecutions
File Number(s): 2016/00013067
2014/00320266Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Citation:
R v Lazar; R v Constantinidis [2020] NSWDC 3
- Date of Decision:
- 24 January 2020
- Before:
- Traill DCJ
- File Number(s):
- 2016/00013067
2014/00320266
Judgment
-
THE COURT: These are appeals against conviction following a joint trial of the two appellants by judge alone in the District Court. The appellants were tried and convicted on a single count, as follows:
That Achilles CONSTANTINIDS and Ian David LAZAR between 7 August 2012 and 30 September 2012, at Sydney in the State of New South Wales, did an act, namely offer to pay [Witness B] to improperly influence Detective Senior…
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- Case
- [2022] NSWCCA 4
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court were whether the trial judge had erred in his assessment of the evidence, particularly in relation to the credibility of the key witness, and whether this error led to an unreasonable verdict. The Court had to determine whether the judge had applied the correct legal standards in assessing witness credibility and whether the evidence, when viewed with the appropriate degree of caution, supported the appellants' claims of reasonable doubt. Additionally, the Court examined the admissibility and relevance of character evidence in the context of witness credibility and its impact on the overall reliability of the evidence presented.
The Court held that the trial judge had erred in his assessment of the evidence by not sufficiently considering the appellants' submissions about the credibility of the key witness. The judge had failed to properly address the potential impact of character evidence on the witness's credibility, which was a critical factor in the case. The Court found that the error in the evaluation of the evidence led to an unreasonable verdict, and therefore the convictions were quashed. The Court emphasised the importance of a thorough and balanced assessment of all evidence, including character evidence, in trials where witness credibility is pivotal.
The final orders of the Court were to quash the convictions of both appellants and to order a retrial. The Court underscored the necessity for trial judges to meticulously evaluate all evidence, including character evidence, and to ensure that the assessment of witness credibility is conducted with due regard to all relevant factors. The retrial was to be conducted with the understanding that the judge must properly consider the appellants' arguments about the critical witness's credibility and the admissibility of character evidence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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