R v John Lewis Wallis [2016] NSWDC 94

District Court New South Wales

Medium Neutral Citation: R v John Lewis Wallis [2016] NSWDC 94 Hearing dates: 23 May 2016 Decision date: 27 May 2016 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Full-time custodial sentence. For orders see [47] and [48] Catchwords: Unlawful access to, and disclosure of police database by Commonwealth employee; supply prohibited drugs and theft of Commonwealth property Legislation Cited: Australian Federal Police Act 1979 (Cth) Crimes Act 1914 (Cth) Criminal Code (Cth) Federal Court of Australia 1976 Judiciary Act 1903 Cases Cited: Cameron v R (2002) 207 CLR 339 Pearce v R (1998) 194 CLR 610 Veen v R No. 2 (1998) Vol 164 CLR 465 Category: Sentence Parties: Director of Public Prosecutions (C'th Crown) John Lewis Wallis (Offender) Representation: Solicitor: E Wren (Cth Crown) In person (Offender) File Number(s): 15/273414 Publication restriction: Nil

REMARKS ON SENTENCE 1. The offender has pleaded guilty to seven counts on an Indictment filed by the Director of Public Prosecutions (Cth) on 23 May 2016. The offences are as follows: 1. Between 3 September 2015 and 16 September 2015 used information that he had obtained in his capacity as a Commonwealth public official, with the intention of dishonestly obtaining a benefit for another person, namely, Christopher Raymond Floyd, contrary to ss 142.2(1) of the Criminal Code (Cth) ("the Criminal Code"). The maximum penalty for that offence is 5 years imprisonment. 1. Between 3 September 2015 and 16 September 2015 at Canberra, being an Australian Federal Police employee, did directly make records of proscribed information that was not for the purposes of the Australian Federal Police Act 1979 (Cth) ("AFPA")or Regulations thereunder, and other legislation, or for the carrying out, performance or exercise of any of his duties, functions or powers under the Acts or Regulations, contrary to s 60A(2)(a) of the AFPA. The maximum penalty for that offence is 2 years imprisonment. 1. Between 3 September 2015 and 16 September 2015 at Canberra, being an Australian Federal Police employee, did directly communicate proscribed information, being information obtained by him in the course of his employment with the Australian Federal Police and making records of the proscribed information that was not for the purposes of the AFPA of Regulations thereunder, or other legislation, or for the carrying out, performance or exercise of any of his duties, functions or powers under these Acts and Regulations, contrary to s 60A(2)(b) of the AFPA. The maximum penalty for that offence is 2 years imprisonment. 1. Between 16 September 2015 and 17 September 2015, at Queanbeyan, in the State of New South Wales, did traffic in a substance, the substance being a controlled drug, namely, methylamphetamine, contrary to s 302.4(1) of the Criminal Code. The maximum penalty for that offence is 10 years imprisonment, 2,000 penalty units, or both. 1. On 17 September 2015 at Queanbeyan, in the State of New South Wales, possessed a substance, the substance being a controlled drug, namely methamphetamine, contrary to s 308.1(1) of the Criminal Code. The maximum penalty for that offence is 2 years imprisonment, 400 penalty units, or both. 1. Between 1 September 2014 and 17 September 2015, at Canberra, ACT, did dishonestly appropriate property, namely, an Australian Federal Police training Glock, extendable ASP baton, SAF-lock handcuffs, and an Australian Federal Police training baton belonging to a Commonwealth entity, namely, the Australian Federal Police, with the intention of permanently depriving the Commonwealth of the property, contrary to s 131.1(1) of the Criminal Code. The maximum penalty for that offence is 10 years imprisonment. 1. On 17 September 2015 at Queanbeyan, in the State of New South Wales, possessed a substance, the substance being a controlled drug, namely methylenedioxymethylamphetamine ("MDMA"), contrary to s 308.1(1) of the Criminal Code. The maximum penalty for that offence is 2 years imprisonment, 400 penalty units, or both.