R v Jousif; R v I Elomar; R v M Elomar [2017] NSWSC 1299

R v Jousif; R v I Elomar; R v M Elomar [2017] NSWSC 1299

The seriousness of conspiracy to bribe a foreign public official is not mitigated by the prevalence of corruption in the foreign jurisdiction; legislative intent and Australia’s OECD obligations require parity in seriousness and penalty with bribery of local officials. The offenders’ roles as participants, deliberation and anticipation of financial gain necessitate full-time custodial sentences to serve general deterrence and communicate denunciation. Pleas of guilty are mitigating insofar as they facilitate administration of justice and spare the need for a trial despite potential evidentiary difficulties.

Jurisdiction
Australia
Judgment Date
27 September 2017
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence imposed against all three offenders.
Legal Topics
['sentencing' 'bribery of Foreign Officials' 'conspiracy' 'statutory Interpretation']
['criminal Law'] ['sentencing' 'bribery of Foreign Officials' 'conspiracy' 'statutory Interpretation']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What penalty is appropriate for conspiring to bribe a foreign public official contrary to ss 70.2 and 11.5 Criminal Code Act 1995 (Cth)?' 'How should the seriousness of the offence be assessed given the conduct involved bribing officials in Iraq?' 'Whether the prevalence of corruption in Iraq mitigates the seriousness of the offence.' 'What role does general deterrence play in sentencing for foreign bribery offences?' 'To what extent do the subjective circumstances and pleas of guilty impact sentencing?']

Ratio Decidendi

The seriousness of conspiracy to bribe a foreign public official is not mitigated by the prevalence of corruption in the foreign jurisdiction; legislative intent and Australia’s OECD obligations require parity in seriousness and penalty with bribery of local officials. The offenders’ roles as participants, deliberation and anticipation of financial gain necessitate full-time custodial sentences to serve general deterrence and communicate denunciation. Pleas of guilty are mitigating insofar as they facilitate administration of justice and spare the need for a trial despite potential evidentiary difficulties.

Court Disposition

Conviction and sentence imposed against all three offenders.

Orders

  • ['John Jousif: Convicted. Imprisonment 4 years commencing 25 September 2017 and expiring 24 September 2021. Non-parole period of 2 years, expiring 24 September 2019.' 'Ibrahim Elomar: Convicted. Imprisonment 4 years commencing 27 September 2017 and expiring 26 September 2021. Non-parole period of 2 years, expiring...