Regina v Allan Robert Kessing [2007] NSWDC 138

New South Wales District Court

CITATION: Regina v Allan Robert Kessing [2007] NSWDC 138

HEARING DATE(S): 6/3/2007 to 27/3/2007, 25/5/2007

JUDGMENT DATE: 29 June 2007

EX TEMPORE JUDGMENT DATE : 22 June 2007

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ

DECISION: Convicted, sentenced to imprisonment for 9 months, the offender to be released forthwith, conditionally upon entering into a recognizance in the sum of $1,000.00, without surety, to be of good behaviour for 9 months, with the condition that if called upon to do so at any time during the period of the recognizance, to appear before Court.

CATCHWORDS: CRIMINAL LAW - SENTENCE - COMMONWEALTH OFFENCE - disclosure of information by former Commonwealth Officer

LEGISLATION CITED: Crimes Act, 1914 (Cth) ss.70(2), 16A, 17A(1), 20(1)(b)

Regina v Isaacs (1997) 41 NSWLR 374 CASES CITED: R v Riccord (Unreported - 9/5/1997 - NSWCCA) Commonwealth of Australia v John Fairfax & Sons Ltd (1980) 147 CLR 39 DPP (Cth) v El Karhani (1990) 21 NSWLR 370

PARTIES: Commonwealth Crown Allan Robert Kessing

FILE NUMBER(S): 06/11/0909

COUNSEL: Commonwealth Crown - Mr L Crowley Defence - Mr P Lowe

SOLICITORS: Ms E McKenzie - Cwth DPP Solicitor Mr J Weller, Solicitor of Joe Weller Solicitors

JUDGMENT

Introduction

1 Allan Robert Kessing, the offender, appeared for trial before his Honour Judge Puckeridge in the District Court Sydney on Monday 5 March 2007. Before a jury was selected, the Crown Prosecutor informed his Honour that there were issues to be raised on behalf of the offender to be decided before the trial could commence. Thereafter, his Honour heard and determined a number of pre-trial issues.