R v Entwistle [2021] NSWDC 159

District Court New South Wales

Medium Neutral Citation: R v Entwistle [2021] NSWDC 159 Hearing dates: 19 March 2021 Date of orders: 26 March 2021 Decision date: 26 March 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: ICO for 1 yr 11 months with 500 hours community service, and fine of $10,000. Catchwords: CRIME – SENTENCE – Cth offence – Public servant engaged in conduct with the intention of dishonestly obtaining an advantage for himself and other – Misuse of computer system of DAWR to obtain data relevant to importing formwork plywood to give an advantage to others involved in that trade and in the expectation of personal gain – No actual benefit obtained for himself – Offending over 18 months period – Guilty plea – Late – Significant utilitarian value – Discount of 15% allowed – Prior good character – Nearly 12 years service in Army, including active service overseas – Unlikely to reoffend. Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code (Cth) Environment Protection and Biodiversity Conservation Act 1999 Cases Cited: Imbornone v R [2017] NSWCCA 144 Lee v R [2020] NSWCCA 307 R v Einfeld [2009] NSWSC 119 R v Farquhar (unreported CCA, 29 May 1985) R v Jackson and Hakim (1988) 33 A Crim R 33 R v Obeid (No 12) [2016] NSWSC 1815 Ryan v The Queen (2001) 206 CLR 267 Wany v The DPP [2020] NSWCA 318 Category: Sentence Parties: Crown – Regina Offender – Jarrod Entwistle Representation: Crown: Counsel – D. New Solicitors – CDPP