R v Entwistle [2021] NSWDC 159

R v Entwistle [2021] NSWDC 159

The offender's dishonest misuse of DAWR systems over 18 months was an ongoing breach of trust and serious, but it was below the mid-range of objective seriousness and less grave than cases involving higher public office or greater corruption. After a 15% discount for the utilitarian value of the guilty plea, the appropriate sentence was one year and 11 months' imprisonment. Because the offender had prior good character, nearly 12 years' Army service, remorse, no identified direct victim or loss, no actual personal benefit, rehabilitation, and a low risk of reoffending, that imprisonment could be served by way of an intensive correction order, with a fine to reinforce deterrence.

Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Criminal Sentence / Sentencing After Guilty Plea
Outcome
Convicted and sentenced to imprisonment for one year and 11 months to be served by way of intensive correction in the community, with 500 hours community service and a fine of $10,000.
Legal Topics
['dishonest Conduct by Commonwealth Public Official' 'misuse of Departmental Computer Systems' 'unauthorised Access to Restricted Data' 'guilty Plea Discount' 'intensive Correction Order' 'general Deterrence' 'prior Good Character']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['dishonest Conduct by Commonwealth Public Official' 'misuse of Departmental Computer Systems' 'unauthorised Access to Restricted Data' 'guilty Plea Discount' 'intensive Correction Order' 'general Deterrence' 'prior Good Character']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ["What discount should be allowed for the offender's late guilty plea in a Commonwealth prosecution listed for a lengthy jury trial during the COVID 19 pandemic." 'Whether the offending warranted full-time custody or could be served by way of an intensive correction order.' "How to assess the objective seriousness of a Commonwealth public official's dishonest misuse of DAWR computer systems over an 18 month period." 'What weight should be given to prior good character, military service, remorse, low risk of reoffending and absence of actual personal financial benefit.']

Ratio Decidendi

The offender's dishonest misuse of DAWR systems over 18 months was an ongoing breach of trust and serious, but it was below the mid-range of objective seriousness and less grave than cases involving higher public office or greater corruption. After a 15% discount for the utilitarian value of the guilty plea, the appropriate sentence was one year and 11 months' imprisonment. Because the offender had prior good character, nearly 12 years' Army service, remorse, no identified direct victim or loss, no actual personal benefit, rehabilitation, and a low risk of reoffending, that imprisonment could be served by way of an intensive correction order, with a fine to reinforce deterrence.

Court Disposition

Convicted and sentenced to imprisonment for one year and 11 months to be served by way of intensive correction in the community, with 500 hours community service and a fine of $10,000.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to imprisonment for a term of one year and 11 months commencing 26 March 2021 to be served by way of intensive correction in the community.' 'The offender must not commit any offence.' 'The offender must submit to supervision by a community corrections...