DPP v Dwayhi [2009] NSWSC 1025

New South Wales Supreme Court

CITATION : DPP v Dwayhi [2009] NSWSC 1025

HEARING DATE(S) : 28 September 2009

JUDGMENT DATE : 28 September 2009

JUDGMENT OF : Buddin J

1 I declare, pursuant to s 19(1)(a) of the Crimes (Superannuation Benefits Act) 1989 that Fadi Dwayhi was convicted in the District Court of New South Wales on 1 August 2008 of 4 offences against section 134.2(1) of the Criminal Code Act 1995, being corruption offences within the meaning of the Act. DECISION : 2 I declare, pursuant to s 19(1)(b) of the Act, that Part 2 of the Act applies in relation to rights of, and benefits paid or payable to or in respect of, the defendant under the superannuation scheme established by the Commonwealth of Australia pursuant to the Superannuation Act 1990 which is known as the Public Sector Superannuation Scheme (the scheme). 3 I specify, pursuant to s 19(4)(a) of the Act, that the amount which reflects the value of the sum of the employer contributions or benefits made by the Commonwealth in respect of the defendant under the scheme that have been paid to the defendant by the scheme as at the day on which this order is made (plus interest on those contributions or benefits accrued under the scheme) is $22,305.73. 4 I order, pursuant to s 19(4)(b) of the Act, that the defendant pay the amount referred to in paragraph 3 to the Commonwealth.

CATCHWORDS : Application for a superannuation order - defendant convicted and sentenced in respect of corruption offences whilst an employee of the Commonwealth - repayment by defendant of employer contributions to his superannuation scheme

Crimes (Superannuation Benefits) Act 1989 (C'th) LEGISLATION CITED : Criminal Code Act 1995 (C'th) Superannuation Act 1990 (C'th)