A person has instructed a courtroom he finds it laborious to not despise himself, apologising after stabbing a police officer at his southwest Sydney dwelling.
Crown prosecutor Leon Apostle instructed the NSW District Courtroom on Tuesday the apology was "self-serving".
A jury discovered Rory James Constantino, 31, responsible of reckless wounding in September for stabbing Senior Constable James Vella at Sadleir in Sydney's south-west.
Plainclothes officers went to arrest Constantino's father Ricky over a firearm offence in June 2019.
Constantino claimed he acted in self-defence and didn't consider the officers have been police when he attacked Senior Constable Vella with a bladed spear.
"This man didn't appear to be a police officer... I believed I used to be going to die. I actually thought these guys have been going to kill me," he mentioned in a recorded police interview.
Apostle instructed the jury at trial the "ludicrous suggestion" was an insult to their intelligence.
The jury had dismissed the declare of self-defence, Apostle mentioned throughout sentencing submissions on Tuesday, and Constantino's apology, learn to the courtroom by Choose Sarah Huggett, contained "untested proof".
Constantino's barrister Brett Eurell instructed the courtroom he had a real, if not misguided perception that the 2 males weren't police, or a minimum of a real doubt that they have been.
"There may be merely no proof the offender knew the police have been there to arrest his father, whether or not pursuant to a warrant or in any other case, as a result of that they had by no means mentioned so," Eurell mentioned.
The unlucky circumstances of the case was the results of fault on either side, he mentioned.
"One by no means needs accountable the sufferer or victims," Eurell mentioned.
"On the time of the wounding, an illegal arrest was occurring, or an try at an illegal arrest."
"There had been, on the very least, a questionable entry into the premises," he mentioned.
No try had been made to name for uniformed officers to attend and calling for backup would have glad Constantino the police on his doorstep have been real, Eurell mentioned.
As a substitute, the officers pressured their approach into the house, regardless of there being "no actual rush".
"Clearly, it was not the final resort on this event," Eurell mentioned.
"Constantino wasn't going wherever, he was not lengthy out of hospital being handled for leukaemia," Eurell mentioned.
The youthful Constantino didn't have an unblemished file, his barrister conceded, nonetheless his earlier issues weren't violent or in keeping with somebody who was a "cop hater".
The 2 opposing barristers on Tuesday submitted to Choose Huggett differing opinions on the target seriousness of Constantino's offending.
Apostle submitted it was on the increased finish of the vary, involving a call to make use of a weapon in an assault that solely ended when the wounded Vella overpowered Constantino.
Eurell mentioned there was no proof earlier than the courtroom that Vella's accidents have been substantial or life altering.
"The concept (Constantino's offending) falls above the mid-range, I do not imply this as hyperbole, it borders on the ridiculous," Eurell mentioned.
Constantino had additionally provided to plead responsible to a cost that was later dropped, however would have doubtless carried a extra extreme penalty, and he ought to be eligible for a reduction on sentencing, Eurell submitted.
Choose Huggett adjourned Constantino's sentencing till Monday afternoon.
Join right hereto obtain our day by day newsletters and breaking information alerts, despatched straight to your inbox.