NSW Caselaw
New South Wales Supreme Court
CITATION : R (Cth) v Petroulias (No. 36) [2008] NSWSC 626
HEARING DATE(S) : 16, 23, 28, 29 and 30 May 2008
JUDGMENT DATE : 20 June 2008
JUDGMENT OF : Johnson J at 1
Second count (the s.73 offence) - sentenced to imprisonment for a term of one year and nine months to date from 20 June 2008 and to expire on 19 March 2010. DECISION : Third count (the s.70 offence) - sentenced to imprisonment for a term of one year and eight months to date from 20 December 2009 and to expire on 19 August 2011. Overall term is one of imprisonment of three years and two months commencing on 20 June 2008. A non-parole period of two years to date from 20 June 2008 and to expire on 19 June 2010 is fixed.
CATCHWORDS : CRIMINAL LAW - sentencing after trial - agree to receive benefit to improperly affect exercise of duty as Commonwealth officer (s.73 Crimes Act 1914 (Cth)) - publish documents in breach of confidentiality obligation (s.70 Crimes Act 1914 (Cth)) - offences of very high order of objective gravity - grossly improper conduct and abuse of trust by person in senior positions within Australian Taxation Office - custodial sentences appropriate
Crimes Act 1914 (Cth) Income Tax Assessment Act 1936 (Cth) LEGISLATION CITED : Evidence Act 1995 Mental Health Act 2007 Crimes (Administration of Sentences) Act 1999 Criminal Procedure Act 1986
CATEGORY : Sentence
Cheung v The Queen [2001] 209 CLR The Queen v Olbrich [1999] 199 CLR 270 The Queen v De Simoni [1980]-[1981] 147 CLR 383 R (Cth) v Petroulias (No. 1) [2006] NSWSC 788 R (Cth) v Petroulias (No. 30) [2007] 214 FLR 311; [2007] NSWSC 1119 R (Cth) v Petroulias (No. 34) [2007] NSWSC 1462 Petroulias v R [2007] NSWCCA 134 R (Cth) v Petroulias (No. 16) [2007] NSWSC 506 CASES CITED : R (Cth) v Petroulias (No. 29) [2007] NSWSC 1005 R v Qutami (2001) 127 A Crim R 369 R v Palu (2002) 134 A Crim R 174 R v Peisley (1990) 54 A Crim R 42 R v Gent (2005) 162 A Crim R 29 Siganto v The Queen (1998) 194 CLR 565 R v Sopher (1993) 70 A Crim R 570 Director of Public Prosecutions (Cth) v El Karhani (1990) 21 NSWLR 370 R v MA (2004) 145 A Crim R 434 Ibbs v The Queen (1987) 163 CLR 447
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