DPP v Con Kostakidis [2010] NSWLC 20

Local Court of New South Wales

CITATION: DPP v Con Kostakidis [2010] NSWLC 20

JURISDICTION: Criminal

PARTIES: Director of Public Prosecutions Mr Con Kostakidis

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION: 07/15/2010

MAGISTRATE: Chief Magistrate G L Henson

CATCHWORDS: Give false evidence before the Police Integrity Commission

Police Integrity Commission Act 1996 LEGISLATION CITED: Criminal Procedure Act 1986 Crimes (Sentencing Procedure) Act 1999

Aoun v R [2007] NSWCCA 292 Lozanovski v R [2006] NSWCCA 143 SZ v R [2007] NSWCCA 19 R v Aristodemou (Unreported) NSWCCA 60804 CASES CITED: R v Bulliman CCA (Unreported 25.2.1993) R v Cartwright (1989) 17 NSWLR 243 R v Einfeld [2009] NSWSC 119 R v Thomsen & Houlten (2000) 49 NSWLR R v Todd [1982] 2 NSWLR 517

TEXTS CITED:

REPRESENTATION: M. Gibson Solicitor – Director of Public Prosecutions C. Kapsis, Kapsis & Associates Solicitors for the offender

ORDERS:

On 15th October 2009 the offender was charged pursuant to Section 107 of the Police Integrity Commission Act 1996 with 3 counts of giving false evidence before the Police Integrity Commission. An offence charged under these provisions attracts a maximum penalty of 5 years imprisonment when prosecuted on indictment. On 12th January 2010 the Director of Public Prosecutions informed the Court that it did not intend to elect to proceed on indictment. In such circumstances Chapter 5 of the Criminal Procedure Act 1986 has application. The offence comes within Table 1 under that Act and attracts a maximum penalty of two years imprisonment for an individual offence when dealt with by way of sentence in the Local Court. The exercise of this part of the jurisdiction is also constrained in respect of multiple offences by Section 58 of the Crimes (Sentencing Procedure) Act 1999. The Court cannot impose cumulative sentences that would exceed 5 years imprisonment.