Public Defenders
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Bribery of a Public Official

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.


    CaseOffence and Max PenaltiesPleaOriginal SentenceAppealRecordFacts
    George
    (48)

    Harris
    (74)

    Hilton
    (43)

    (1987) 29 A Crim R 380
    Conspiracy to bribe a public officer
    (common law – no max penalty)
    VG5y
    NPP 3y 6m

    9y
    NPP 4y 6m

    9y
    NPP 6y
    AD


    AD


    AA
    9y
    NPP 4y 6m
    record of little significance

    nil

    nil
    Scheme to bribe NSW Corrective Services Minister (Rex Jackson) in relation to release to licence program.
    Harris more seriously involved than other offenders. George dealt directly with prisoners and joined scheme at later stage.
    Hilton a solicitor.
    Jackson



    Hakim

    (1988) 33 A Crim R 413
    Conspiracy to bribe a public officer
    (common law – no maximum penalty)
    VG7y 6m
    NPP 3y 9m


    6y 6m
    NPP 3y 3m
    Crown AA
    10y
    NPP 5y

    Crown AD
    Scheme to bribe NSW Corrective Services Minister (Rex Jackson) in relation to release to licence program.
    Pangallo
    (1991) 56 A Crim R 441
    Bribe public officer
    (common law – no maximum penalty)
    PG36m PDCrown AA
    FT 6m
    Solicitor attempted to bribe police prosecutor to have local court matter struck out in relation to client. Paid over $500.
    Allen (No.2)
    NSW CCA 7.7.1992
    5 x Bribe public official
    (common law – no maximum penalty)
    VGMT 18m
    AT 6m
    ADAssistant Commissioner of police force gave junior officer $500 payments on five occasions – No favours requested
    Taouk
    (45)
    (1993) 65 A Crim R 387
    Attempt pervert the course of justice
    (common law – no maximum penalty)
    VGMT 4y
    AT 1y 4m
    ADAttempt to bribe judge to give relative lesser sentence. Acted on belief he was responsible for care of relatives as head of family.
    Webster

    Jones

    NSW CCA
    3.8.1992
    Conspiracy to bribe public officer
    (common law – no maximum penalty)
    VGMT 3y
    AT 1y
    ADnilW, a police officer, to receive corrupt payments - no evidence of amount or purpose.
    Both middle aged.
    W suffering bad health.
    Conviction for bribery of police officer against W quashed.
    Nomchong
    (51)
    NSW CCA
    10.4.1997
    Intent to pervert the course of justice
    (Crimes Act s.319 – 14y)
    VG36mths PDCrown AA
    MT 1y 3m
    AT 1y 9m
    nilSenior sergeant attempted to influence constable under his supervision in relation to traffic accident. Persistent attempt over several days. Would receive no personal benefit.
    Prior good character, asthma, loss of police entitlements.
    Bertoncello
    (37)
    NSW CCA
    5.11.1997
    Corruptly receiving benefit
    (Crimes Act s249(1)(a) – 7y)

    Form 1:
    Soliciting a benefit
    PGMT 18m
    AT 6m
    ADnilHealth and Building Inspector solicited $40,000 from construction company to ‘fix up problems’. Received two cheques for $10,000. Told construction company he was working as ‘go-between’ for managers.
    Powerful subjective case.
    Duong
    (1999) 109 A Crim R 60
    Attempt bribe police officer
    (Police Act s.200(2)(a) – 7y)
    PGMT 2y
    AT 12m
    (concurrent to existing term)
    Crown AA
    MT 3y
    AT 2y
    (cumulative)
    Found with 2.6kg heroin in car by police – Offered officers $100,000 for release.
    Papadopoulos
    (27)
    NSW CCA [477]
    22.11.2000
    Bribe police officer
    (Police Act s.200(2)(a) – 7y)

    Sched:
    Same offence
    PG2y
    NPP 9m
    ADnilManager of nightclub appealing against restriction placed on nightclub. Handed police officer $1,000 and $500 to turn blind eye to breach of restrictions until appeal successfully completed.
    Strong subjective case.
    Tae
    (32)
    NSW CCA [29]
    11.2.2005
    Bribery of Cth public official (s.141.1 Criminal Code – 10y)

    Sched:
    Accept fee when unregistered as migration agent
    PG2y 3m
    Released to recog after 1y 4m
    AD – except to indicate sentence would have been 2y 5m except for promise of future assistanceNilKorean man paid bribes to Commonwealth official to obtain or extend visa – 22 occasions over 2 months motivated by greed
    Valuable assistance
    Potter
    NSW CCA [26]
    18.2.2005
    5 x Corruptly receiving benefit
    (Crimes Act s249(1)(a) – 7y)

    Sched:
    3 x s.249B(1)(a)
    PG3y 3m
    NPP 1y 9m
    ADChief Steward for Greyhound Racing Control Board – subverted procedures for testing of dogs for performance enhancing drugs – received considerable monetary rewards – offences committed over 7 years
    Delay – very good prospects of rehabilitation
    O’Mally
    NSW CCA [166]
    28.4.2005
    Solicit bribe (Police Act 1990 s.200(1))

    Sched
    s.200(1)
    PG2y
    NPP 16m
    ADNilPolice officer attempted to obtain free quad bike from 17y driver in exchange for reduced traffic infringement – controlled delivery – on separate occasion obtained earthmoving work worth over $1,000
    Prior good character
    Retsos
    NSW CCA [85]
    28.3.2006
    Aid and abet corrupt solicitation of pecuniary benefit
    - s.248B(1) Crimes Act [7y]
    3 x Give false evidence

    Sched:
    34 x Give false evidence
    PGBribery
    2y PD
    $50,000 fine
    Give False Evidence
    12m PD
    $30,000 fine

    Total
    3y PD
    $80,000
    AA
    3y PD
    Sought payment of $250,000 from complainant to have development application passed by Local Council – Acted on behalf of councillor – Gave false evidence about matter to ICAC on three occasions
    Bankrupt – dependent children – no ability to pay fine
    Cooper
    (47)
    NSWSC [609]
    James J
    23.6.2006
    6 x Bribery offences – s.249B(2)(b) Crimes Act [7y]
    7 x Make false statement – s.178BB Crimes Act [5y]
    VGFalse Statement:
    FT 4y 6m
    Bribery:
    5y
    NPP 2y

    Total:
    8y
    NPP 5y
    NilInvolvement in HIH collapse – Bribed HIH chief investment officer (Howard – (2003) NSWSC [1248]) to settle disputes between HIH and offender’s company on favourable terms – total payment of $119,00 - $124,000 – created and provided HIH with false documents and statements in relation to outstanding claims by offender’s company on HIH – bribery and documents resulted in unjustified payment of millions of dollars to appellant’s company – substantial damage to HIH
    Bankrupt - $2.5m paid to liquidator – prior good character – good prospects of rehabilitation
    McCormick
    NSW CCA [78]
    28.3.2007
    2 x Corruptly Agree to Receive Benefit - s 249B(1) Crimes Act
    7 x Giving False Evidence –
    s 87 of the Independent Commission Against Corruption Act [5y].
    VG5y
    NPP 3y
    ADCouncillor accepted bribes to promote developments – Lied to ICAC
    Obsessive compulsive disorder – Hardship to elderly mother





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