R v O'Toole [2013] NSWDC 181

R v O'Toole [2013] NSWDC 181

Because Mr O'Toole repeatedly took or agreed to take bribes over 18 months as a harness racing steward to prevent drug testing of horses, causing serious harm and involving grave breaches of trust, general deterrence and objective seriousness required full-time imprisonment. Mitigating factors, parity and totality reduced but did not avoid an aggregate sentence of 3 years with an 18 month non-parole period.

Jurisdiction
Australia
Judgment Date
21 June 2013
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 18 months and a head sentence of 3 years.
Legal Topics
['sentencing' 'agent Corruptly Receiving a Benefit' 'corruption in Sport' 'harness Racing' 'breach of Trust' 'parity' 'totality' 'general Deterrence' 'guilty Plea']
['criminal Law'] ['sentencing' 'agent Corruptly Receiving a Benefit' 'corruption in Sport' 'harness Racing' 'breach of Trust' 'parity' 'totality' 'general Deterrence' 'guilty Plea']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for nine offences of being an agent and corruptly receiving a benefit, with further matters taken into account on a Form 1.' 'Whether sentences should be concurrent or reflected in an aggregate sentence applying totality.' 'Whether the sentence could be served by suspended sentence or intensive correction order rather than full-time imprisonment.' 'How parity with co-offenders, including Michael Russo and trainers dealt with in the Local Court, affected sentence.' 'How mitigating factors including early guilty plea, prior good character, remorse, personal history, family hardship and loss of employment should be weighed against objective seriousness and general deterrence.']

Ratio Decidendi

Because Mr O'Toole repeatedly took or agreed to take bribes over 18 months as a harness racing steward to prevent drug testing of horses, causing serious harm and involving grave breaches of trust, general deterrence and objective seriousness required full-time imprisonment. Mitigating factors, parity and totality reduced but did not avoid an aggregate sentence of 3 years with an 18 month non-parole period.

Court Disposition

Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 18 months and a head sentence of 3 years.

Orders

  • ['The aggregate sentence imposed is imprisonment with an 18 month non-parole period and a head sentence of 3 years.' "The earliest date on which Mr O'Toole is to be released to parole is 20 December 2014." "Mr O'Toole is ordered to be released to parole on 20 December 2014."]