R v Macdonald; R v Maitland [2017] NSWSC 638

Supreme Court New South Wales

Medium Neutral Citation: R v Macdonald; R v Maitland [2017] NSWSC 638 Hearing dates: 26 May 2017 Date of orders: 02 June 2017 Decision date: 02 June 2017 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: Ian Macdonald

(1) Convicted of counts 1 and 3 on the indictment.

(2) Impose an aggregate sentence of 10 years commencing on 26 May 2017 and expiring on 25 May 2027 with a non-parole period of 7 years commencing on 26 May 2017 and expiring on 25 May 2024.

(3) The offender will become eligible to be released on parole on 25 May 2024.

(4) The sentences that would have been imposed for each offence if separate sentences had been imposed instead of an aggregate sentence are:

(a) For the offence of Count 1, a sentence of 8 years.

(b) For the offence of Count 3, a sentence of 7 years.

John Maitland

(5) Convicted of counts 2 and 4 on the indictment.

(6) Impose an aggregate sentence of 6 years commencing on 26 May 2017 and expiring on 25 May 2023 with a non-parole period of 4 years commencing on 26 May 2017 and expiring on 25 May 2021.

(7) The offender will become eligible to be released on parole on 25 May 2021.

(8) The sentences that would have been imposed for each offence if separate sentences had been imposed instead of an aggregate sentence are:

(a) For the offence of Count 2, a sentence of 5 years.

(b) For the offence of Count 4, a sentence of 4 years. Catchwords: CRIMINAL LAW – sentence – principal offender – 2 counts of wilful misconduct in public office – Minister of Mineral Resources – use of power conferred on him by the Mining Act to grant exploration licence to confer benefit on third party – damage to public institutions – importance of general deterrence and denunciation – motive not established