Constantinidis v R; Lazar v R (Costs) [2022] NSWCCA 248

Constantinidis v R; Lazar v R (Costs) [2022] NSWCCA 248

Given that the prosecution's case rested on Witness B, whose credibility was compromised and whose statements were uncorroborated and self-interested, it was not reasonable to institute proceedings if the prosecution had been in possession of all relevant facts at the outset.

Parties
Applicant: Achilles Constantinidis; Applicant: Ian David Lazar; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
24 November 2022
Procedural Posture
Criminal Appeal Costs Application / Post Appeal; Application for Certificate of Costs After Successful Appeal
Outcome
Certificates granted pursuant to ss 2 and 3 of the Costs in Criminal Cases Act 1967 (NSW)
Legal Topics
Costs in Criminal Cases, Unreasonable Prosecution, Credibility of Witness, Application for Costs Certificate
Criminal Law Criminal Procedure Costs in Criminal Cases Unreasonable Prosecution Credibility of Witness Application for Costs Certificate

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Parties

Achilles Constantinidis

Applicant

Ian David Lazar

Applicant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal Costs Application / Post Appeal; Application for Certificate of Costs After Successful Appeal

Legal Issues

  1. 1 Whether it was reasonable to institute criminal proceedings against the applicants in light of all relevant facts
  2. 2 Whether a certificate should issue under ss 2 and 3 of the Costs in Criminal Cases Act 1967 (NSW)

Ratio Decidendi

Given that the prosecution's case rested on Witness B, whose credibility was compromised and whose statements were uncorroborated and self-interested, it was not reasonable to institute proceedings if the prosecution had been in possession of all relevant facts at the outset.

Court Disposition

Certificates granted pursuant to ss 2 and 3 of the Costs in Criminal Cases Act 1967 (NSW)

Orders

  • A certificate is granted to Achilles Constantinidis under s 2(1) of the Costs in Criminal Cases Act 1967 (NSW) specifying it would not have been reasonable to institute the proceedings under s 319 of the Crimes Act 1900 (NSW) if all relevant facts had been known.
  • A certificate is granted to Ian David Lazar under s 2(1) of the Costs in Criminal Cases Act 1967 (NSW) specifying it would not have been reasonable to institute the proceedings under s 319 of the Crimes Act 1900 (NSW) if all relevant facts had been known.