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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

 

Bribery of a Public Official

CASE

(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

George

(48)

 

Harris

(74)

 

Hilton

(43)

 

(1987) 29 A Crim R 380

Conspiracy to bribe a public officer

(common law – no max penalty)

VG

5y

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)

VG

7y 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 PD

Crown 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)

NSWCCA

7.7.1992

5 x Bribe public official

(common law – no maximum penalty)

VG

MT 18m

AT 6m

AD Assistant Commissioner of police force gave junior officer $500 payments on five occasions – no favours requested

Webster

 

Jones

 

NSWCCA

3.8.1992

Conspiracy to bribe public officer

(common law – no maximum penalty)

VG

MT 3y

AT 1y

ADnil

W, 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.

Taouk

(45)

(1993) 65 A Crim R 387

Attempt pervert course of justice

(common law – no maximum penalty)

VG

MT 4y

AT 1y 4m

AD Attempt to bribe judge to give relative lesser sentence - acted on belief he was responsible for care of relatives as head of family.

Nomchong

(51)

NSWCCA

10.4.1997

Intent to pervert course of justice

(Crimes Act s.319 – 14y)

VG36mths PD

Crown AA

MT 1y 3m

AT 1y 9m

nil

Senior 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)

NSWCCA

5.11.1997

Corruptly receiving benefit

(Crimes Act s249B(1)(a) – 7y)

 

Sched:

Soliciting a benefit

PG

MT 18m

AT 6m

ADnil

Health 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)

PG

MT 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)

[2000] NSWCCA 477

Bribe police officer

(Police Act s.200(2)(a) – 7y)

 

Sched:

Same offence

PG

2y

NPP 9m

ADnil

Manager 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)

[2005] NSWCCA 29

Bribery of Cth public official (s.141.1 Criminal Code – 10y)

 

Sched:

Accept fee when unregistered as migration agent

PG

(46% plea and assist)

2y 2m

Released to recog after 1y 4m

AD

Indicated sentence would have been 2y 5m except for promise of future assistance

Nil

Korean man paid bribes to Commonwealth official to obtain or extend visa – 22 occasions over 2 months - motivated by greed

Valuable assistance

Potter

[2005] NSWCCA 26

5 x Corruptly receiving benefit

(Crimes Act s249B(1)(a) – 7y)

 

Sched:

3 x s.249B(1)(a)

PG

(25% plea – 50% assist)

3y 3m

NPP 1y 9m

AD 

Chief 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

[2005] NSWCCA 166

Solicit bribe

(Police Act 1990 s.200(1))

 

Sched

s.200(1)

PG

(30%)

2y

NPP 16m

ADNil

Police 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

[2006] NSWCCA 85

Aid and abet corrupt solicitation of pecuniary benefit

(s.249B(1) Crimes Act - 7y)

 

3 x Give false evidence [5y]

 

Sched:

34 x Give false evidence

PG

Bribery

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)

[2006] NSWSC 609

James J

 

[2009] NSWCCA 57

6 x Bribery offences

(s.249B(2)(b) Crimes Act - 7y)

 

7 x Make false statement – (s.178BB Crimes Act - 5y)

VG

False Statement:

FT 3y 6m

 

Bribery:

5y

NPP 2y

 

Total:

8y

NPP 5y

ADNil

Involvement 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

[2007] NSWCCA 78

2 x Corruptly Agree to Receive Benefit

(s 249B(1) Crimes Act - 7y)

 

7 x Giving False Evidence

(s 87 ICAC Act - 5y)

VG

Total:

5y

NPP 3y

AD 

Councillor accepted bribes to promote developments – Lied to ICAC

Obsessive compulsive disorder – Hardship to elderly mother

Jaturawong

[2011] NSWCCA 168

7 x Acc before the fact to Misconduct in Public OfficePG
(20%)

2y 10m

NPP 1y 8m

AA

2y 3m

NPP 1y 4m

 

Driving instructor became involved in scheme paying manager of Motor Registry for improper assistance in obtaining learner's permits and drivers licences

Born in Thailand – good prospects of rehabilitation – remorse - delay

Macleod

(40)

[2013] NSWCCA 108

Bribe police officer

(Police Act 1990 s.200(2)(a))

 

Sched:

9 x possess restricted substance

VG

9m

Suspended

Crown AA

9m

NPP 6m 3w

NilBusinessman accepted offer by police detective friend – friend disclosed confidential information about police investigations into involvement of offender in drug offences

Lamella

(25)

[2014] NSWCCA 122

Bribery of Cth public official (receiving bribe) (s.141.1 Criminal Code – 10y)

 

Consp to import Pseudoephedrine

 

Sched:

2 x s.142.1(1) Corrupting benefits received by Cth official

PG

(50% plea and assist)

3y

(concurrent)

 

 

 

 

8y

 

Total

8y

NPP 4y

Crown AD

(in exercise of discretion)

On offence involving personal drug use

Customs officer involved in three importations of cold and flu tablets by couriers – total of between 4.8 and 7.35kg pure drugs imported – used position to facilitate importation – received $175,000

Drug user at time of offences - genuine remorse – rehabilitation – harsh custodial conditions

Afiouny

[2014] NSWCCA 176

2 x Bribery of Cth public official (s.141.1 Criminal Code – 10y)

PG

(reduced to 50% plea and assist on appeal)

3y 3m

NPP 1y 8m

(identical and concurrent sentences)

Crown AA

4y

 

4y

 

Total:

5y

NPP 3y 6m

Limited but previously dealt with by way of civil fine for similar offending

Approached Australian Customs Officers in Indonesia and offered money to clear shipping through Port Botany – controlled operation – 5 shipping containers with tobacco and cigarettes cleared – further two containers cleared for friend – paid total of $352,190 and $US20,000 over seven occasions – well planned – avoided $25-27M taxes and duties

Assistance given

Last Updated – 22/5/2017

 

 

 

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