R v Lazar; R v Constantinidis [2020] NSWDC 3

District Court New South Wales

Medium Neutral Citation: R v Lazar; R v Constantinidis [2020] NSWDC 3 Hearing dates: 22 – 23, 25, 30 July 2019, 1, 5, 6 – 9, 12 – 14 August 2019. Date of orders: 24 January 2020 Decision date: 24 January 2020 Jurisdiction: Criminal Before: Traill DCJ Decision: See: [451] Catchwords: CRIMINAL LAW – judge alone trial – act with intent to pervert the course of justice – joint criminal enterprise – offer to pay Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Mental Health Act 2007 (NSW) Cases Cited: R v Beckett (2015) 325 ALR 385 Fleming v The Queen (1998) 197 CLR 250 Texts Cited: N/A Category: Principal judgment Parties: Regina (Crown) Ian Lazar (Accused) Achilles Constantinidis (Accused) Representation: Counsel: Ms Wilkins SC (Crown) Mr Brewer (Accused) Mr Vasic (Accused) Mr Hill (Commissioner of Police) File Number(s): 2014/00320266 - R v Ian David LAZAR; 2016/00013067 - R v Achilles CONSTANTINIDIS Publication restriction: Restricted – names of some witnesses restricted, portions redacted

Judge Alone Trial

Judgment

The Accused 1. On 22 July 2019, Achilles Constantinidis and Ian David Lazar (together, "the accused") pleaded not guilty to a charge of intending to pervert the course of justice, contrary to s 319 of the Crimes Act 1900.

The Indictment 1. The indictment is as follows: between 7 August 2012 and 30 September 2012, at Sydney in the state of New South Wales, [the accused] did an act, namely offer to pay [Witness B] to improperly influence Detective Senior Constable David Roberts in respect of an investigation, with intent thereby to pervert the course of justice.