Director of Public Prosecutions v Hetman [2012] NSWLC 8

Local Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Hetman [2012] NSWLC 8 Hearing dates: 30/08/2012 Decision date: 25 September 2012 Jurisdiction: Criminal Before: Judge Henson, Chief Magistrate Decision: See [23] Catchwords: CRIMINAL LAW - give false evidence at ICAC hearing - unexplained and lengthy delay in bringing proceedings - sentence of imprisonment appropriate notwithstanding delay - consideration of demonstrated rehabilitation by offender and impact of delay in determining manner in which sentence to be served - execution of sentence suspended Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Independent Commission Against Corruption Act 1988 Cases Cited: Attorney General's Application under S.37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 R v Aristodemou (unreported, NSWCCA, 30/6/94) R v Borkowski [2009] NSWCCA 102 R v Bulliman (unreported, NSWCCA, 25/2/93) R v Einfeld [2009] NSWSC 119 R v Moon (2000) 117 A Crim R 497 R v Thomson; R v Houlton [2000] NSWCCA 309 R v Todd [1982] 2 NSWLR 517 R v Zamagias [2002] NSWCCA 17 Category: Sentence Parties: Director of Public Prosecutions Guy Hetman (the offender) Representation: Mr C Moschoudis for the offender Ms D Patterson for the DPP File Number(s): 2012/126520 Publication restriction: Nil

Judgment

REMARKS ON SENTENCE 1The defendant is charged pursuant to section 87 of the Independent Commission Against Corruption Act 1988 with 5 counts of giving false evidence before the Commission. The false evidence was given before an inquiry conducted by the Commission into corrupt conduct within Railcorp concerning the procurement of goods and services for track construction and maintenance. The maximum penalty for an offence against these provisions is 5 years imprisonment when dealt with on indictment. Section 116 of the ICAC Act however requires that in the first instance prosecutions are to be brought to finality in the Local Court. The maximum available penalty in this jurisdiction is 2 years imprisonment.