Director of Public Prosecutions v Harney [2003] NSWCA 350

Reported Decision : 59 NSWLR 9

New South Wales Court of Appeal

CITATION : Director of Public Prosecutions v Harney [2003] NSWCA 350 HEARING DATE(S) : 17 November 2003 JUDGMENT DATE : 17 November 2003

JUDGMENT OF : Meagher JA at 18; Giles JA at 1; Ipp JA at 19 DECISION : Leave to appeal granted. Appeal allowed. Orders one, two, three, four, five and ten in the Notice of Appeal. Remit the matter to the District Court for any further orders if that is necessary. The respondent to have a certificate under the Suitors Fund Act.

CATCHWORDS : Crimes (Superannuation Benefits) Act 1989 (C'th) - loss of superannuation benefits if convicted of a "corruption offence" - relevantly meant that commission of offence involved an abuse of the offender's office as an employee - offender was employed by Australia Post at a parcel centre - stole articles in the course of post from the parcel centre - abuse did not mean a corrupt use - was abuse of office as employee. PARTIES : Director of Public Prosecutions - Claimant John Norris Harney - Opponent FILE NUMBER(S) : CA CA 40177/03 COUNSEL : T Muir - Claimant T Molomby SC & B Vasic - Opponent SOLICITORS : Commonwealth Director of Public Prosecutions - Claimant Kerrison, The Law Firm, Camden - Opponent

LOWER COURT District Court JURISDICTION : LOWER COURT DC (Crim Div) 01/11/0083 FILE NUMBER(S) : LOWER COURT Backhouse DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40177/03

MEAGHER JA GILES JA IPP JA