R v Macdonald [2023] NSWSC 270

Supreme Court New South Wales

Medium Neutral Citation: R v Macdonald [2023] NSWSC 270 Hearing dates: 24 February 2023 Date of orders: 24 March 2023 Decision date: 24 March 2023 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: (1) Ian Michael Macdonald is convicted of counts 1 and 3 on the indictment. (2) In relation to count 1: (a) I impose a sentence of imprisonment of 8 years, comprising a non-parole period of 5 years and 6 months and a balance of term of 2 years and 6 months. (b) The sentence is to commence on 21 January 2020. (c) The non-parole period with respect to this sentence is due to expire on 20 July 2025. The total term with respect to this sentence is due to expire on 20 January 2028. (3) In relation to count 3: (a) I impose a sentence of imprisonment of 6 years and 6 months comprising a non-parole of 4 years and 6 months and a balance of term of 2 years. (b) The sentence is to commence on 21 January 2020. (c) The non-parole period with respect to this sentence is due to expire on 20 July 2024. The total term with respect to this sentence is due to expire on 20 July 2026. (4) The earliest date on which the offender will become eligible to be considered for release on parole is 20 January 2027 pursuant to the sentence imposed upon him by Fullerton J on 21 October 2021. Catchwords: CRIMINAL LAW – sentence - wilful misconduct in public office – Labor Party minister – mining – exploration licence – public official – loss of public confidence in the system of government – community groups and industry wasting their time – absence of maximum penalty – advanced age and ill health – onerous conditions of custody – totality of sentence between counts – totality of sentence with prior offence – the ceiling principle applied Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure Act) 1999 (NSW) Criminal Code Act 1995 (Cth) Evidence Act 1995 (NSW) Mining Act 1992 (NSW) Cases Cited: Armstrong v R [2015] NSWCA 273 Blackstock v R [2013] NSWCCA 172 Director of Public Prosecutions (Cth) v Saadieh [2021] NSWSC 1186 Doudar v R [2021] NSWCCA 37 Elias v The Queen; Issa v The Queen (2013) 248 CLR 483; [2013] HCA 31 Gulyas v Western Australia (2007) 178 A Crim 539; [2007] WASCA 263 Jansen v R [2013] NSWCCA 301 Liu v R [2023] NSWCCA 30 Macdonald v R; Obeid v R; Obeid v R [2021] NSWSC 1662 Markarian v The Queen (2005) 228 CLR 357 Nuttall; Ex parte Attorney-General (Qld) (2011) 209 A Crim R 538; [2011] QCA 120 Obeid v R [2017] NSWCCA 221 Pearce v The Queen (1998) 194 CLR 610; [1994] HCA 57 R v Hokin, Burton Peisley (1922) 22 SR NSW 280 R v Jackson (1988) 33 A Crim R 413 R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 17) [2021] NSWSC 858 R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 18) [2021] NSWSC 1343 R v Macdonald; R v Maitland (No 10 – verdict) [2022] NSWSC 1765 R v MAK, R v MSK (2006) 167 A Crim R 159; [2006] NSWCCA 381 R v Obeid (No 12) [2016] NSWSC 1815 R v Todd [1982] 2 NSWLR 517 Reid v Rowbottam (2005) 152 A Crim R 132; [2005] NTSC 7 Scott v R [2020] NSWCCA 81 SF v R [2022] NSWCCA 216 Valentine v R [2020] NSWCCA 116 Zuffo v R [2017] NSWCCA 187 Category: Sentence Parties: Rex (Crown) Ian Michael Macdonald (Offender) Representation: Counsel: P Hogan (Crown) R Rajalingam (Offender)