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CDPP v Boillot [2018] VSC 739

sentence — conspiring to offer a bribe to a foreign public official offence contrary to ss 11.5(1) and 70.2(1) of Commonwealth Criminal Code — multiple co-offenders to this and related bribes already sentenced — objective seriousness — serious example of offence — conduct sophisticated, carefully orchestrated and concealed — offender actively and centrally involved in conspiracy for over 2 years — amount of commission paid substantial — parity — participated in conspiracy to promote employer’s business in corporate culture where that was expected — does not excuse conduct, but means moral culpability less than other offenders who conspired purely for financial gain — delay — substantial delay between offender being charged and plea of guilty — offender acted in efficient and economical fashion and did not contribute to delay — courts have long recognised that prospect of sentence hanging over one’s head during period of delay can be punishment in itself — period of delay has unique features which did not apply to other accused — offender unable to leave Australia — offender unable to see children, grandchildren during this period — all co-offenders subject to regular obligations to report to police as condition of bail, others free to live with their families — offender living in state of limbo for past 7 years uncertain and anxious to when offender would be able to return home and resume life — guilty plea — s 16A(2)(g) — substantial utilitarian value — possible that, as result of High Court’s findings about illegality of some actions of AFP and Australian Crime Commission, offender may have been successful in seeking exclusion of evidence or stay of charge — by pleading guilty, offender spared community time and cost of trial — general deterrence — s 16A(2)(ja) — general deterrence and denunciation are usually very important sentencing considerations involving “white collar” crime — offences usually hard to detect — often committed by persons with prior good character and reputation — courts generally place great weight on need to deter others from engaging in similar conduct — sentencing judge in no way suggesting suspended sentences should be treated as norm for offences under foreign bribery provisions — these conspiracies and subsequent prosecutions have number of quite particular features unlikely to be replicated — offender sentenced to 2 years’ and 6 months imprisonment to be released immediately on recognisance, on condition that offender be of good behaviour for 2 years
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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