R v Obeid (No 12) [2016] NSWSC 1815

R v Obeid (No 12) [2016] NSWSC 1815

Given the serious breach of the onerous duty imposed on parliamentarians, the deliberate intervention for personal or family benefit, and the need for general deterrence and denunciation, no penalty other than full time imprisonment was appropriate; subjective considerations including age, health, good character, adverse publicity, and hardship to family did not warrant leniency sufficient to avoid a custodial sentence, but did warrant special circumstances in fixing the non-parole period.

Parties
Prosecution: Regina (Crown); Offender: Edward Moses Obeid
Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to a term of imprisonment of 5 years, with a non-parole period of 3 years.
Legal Topics
Wilful Misconduct in Public Office, Sentencing, Parliamentary Corruption
Criminal Law Wilful Misconduct in Public Office Sentencing Parliamentary Corruption

Case Brief

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Parties

Regina (Crown)

Prosecution

Edward Moses Obeid

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for a parliamentarian convicted of wilful misconduct in public office?
  2. 2 How should the court assess the seriousness of the offending given the nature of the office and departure from duty?
  3. 3 What principles and statutory analogues are relevant to sentencing for a common law offence in the absence of a prescribed maximum?

Ratio Decidendi

Given the serious breach of the onerous duty imposed on parliamentarians, the deliberate intervention for personal or family benefit, and the need for general deterrence and denunciation, no penalty other than full time imprisonment was appropriate; subjective considerations including age, health, good character, adverse publicity, and hardship to family did not warrant leniency sufficient to avoid a custodial sentence, but did warrant special circumstances in fixing the non-parole period.

Court Disposition

The offender is sentenced to a term of imprisonment of 5 years, with a non-parole period of 3 years.

Orders

  • Edward Moses Obeid is sentenced to a term of imprisonment of 5 years to commence on 15 December 2016, with a non-parole period of 3 years.
  • The offender will be eligible for release on parole on 15 December 2019 and the sentence will expire on 14 December 2021.