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

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

Both accused intentionally participated in a joint criminal enterprise to improperly influence Detective Senior Constable Roberts by offering to pay, and (in the case of Lazar) paying, Witness B, with the intention of perverting the course of justice in connection to a police investigation. The Court was satisfied beyond reasonable doubt based on corroborating circumstantial evidence, including communication records and the McGillicuddy call, despite concerns as to the credibility of Witness B.

Jurisdiction
Australia
Judgment Date
24 January 2020
Procedural Posture
Criminal / Judge Alone Trial, Verdict
Outcome
Guilty verdict for both accused
Legal Topics
['intent to Pervert the Course of Justice' 'joint Criminal Enterprise' 'offer to Pay' 'police Corruption' 'evidence (witness Reliability)']
['criminal Law'] ['intent to Pervert the Course of Justice' 'joint Criminal Enterprise' 'offer to Pay' 'police Corruption' 'evidence (witness Reliability)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Judge Alone Trial, Verdict

Legal Issues

  1. 1 ['Whether the accused did acts with intent to pervert the course of justice' 'Whether the accused participated together in a joint criminal enterprise' 'Whether an offer to pay was made to improperly influence a police officer' 'Assessment of witness credibility and reliability']

Ratio Decidendi

Both accused intentionally participated in a joint criminal enterprise to improperly influence Detective Senior Constable Roberts by offering to pay, and (in the case of Lazar) paying, Witness B, with the intention of perverting the course of justice in connection to a police investigation. The Court was satisfied beyond reasonable doubt based on corroborating circumstantial evidence, including communication records and the McGillicuddy call, despite concerns as to the credibility of Witness B.

Court Disposition

Guilty verdict for both accused

Orders

  • ['Both accused found guilty of intending to pervert the course of justice contrary to s 319 of the Crimes Act 1900 (NSW)']