Regina v Allan Robert Kessing [2007] NSWDC 138

Regina v Allan Robert Kessing [2007] NSWDC 138

The offender deliberately and without authority communicated sensitive contents of protected Australian Customs Service reports to journalists after leaving the service. The disclosure had the potential to compromise operational security and methodology, damaged confidence in Australian Customs, and constituted a serious breach of trust. Any asserted public benefit did not justify communicating operational and intelligence material. Although the offender was otherwise of good character, had a low risk of reoffending, and was affected by personal and employment stressors, the objective seriousness and need for general deterrence required a custodial sentence; however, immediate release on...

Jurisdiction
Australia
Judgment Date
29 June 2007
Procedural Posture
Criminal Sentencing for Commonwealth Offence Contrary to Section 70(2) of the Crimes Act, 1914 (cth) / Sentence After Jury Verdict of Guilty
Outcome
Convicted and sentenced to imprisonment for 9 months, with immediate conditional release on recognizance.
Legal Topics
['disclosure of Information by Former Commonwealth Officer' 'unauthorised Communication of Protected Reports' 'breach of Trust' 'general Deterrence' 'recognizance Release Order']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['disclosure of Information by Former Commonwealth Officer' 'unauthorised Communication of Protected Reports' 'breach of Trust' 'general Deterrence' 'recognizance Release Order']

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Procedural Posture

Criminal Sentencing for Commonwealth Offence Contrary to Section 70(2) of the Crimes Act, 1914 (cth) / Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ["What facts should be found for sentence consistently with the jury's guilty verdict." "Whether the offender's unauthorised disclosure of the contents of Australian Customs Service reports was objectively serious." 'Whether any public interest or asserted beneficial consequences mitigated the offending.' 'Whether a custodial sentence was required and whether release on recognizance under section 20(1)(b) of the Crimes Act, 1914 (Cth) was appropriate.']

Ratio Decidendi

The offender deliberately and without authority communicated sensitive contents of protected Australian Customs Service reports to journalists after leaving the service. The disclosure had the potential to compromise operational security and methodology, damaged confidence in Australian Customs, and constituted a serious breach of trust. Any asserted public benefit did not justify communicating operational and intelligence material. Although the offender was otherwise of good character, had a low risk of reoffending, and was affected by personal and employment stressors, the objective seriousness and need for general deterrence required a custodial sentence; however, immediate release on...

Court Disposition

Convicted and sentenced to imprisonment for 9 months, with immediate conditional release on recognizance.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to imprisonment for a period of nine months.' 'Pursuant to section 20(1)(b) of the Crimes Act, 1914 (Cth), the offender is to be released forthwith conditionally upon entering into a recognizance in the sum of $1,000.00, without surety, to be of good behaviour...