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R v Gillett [2019] ACTSC 30

sentence — abuse of public office offence contrary to s 142.2(1) of Commonwealth Criminal Code contrition — s 16A(2)(f) — sentencing judge accepted offender was remorseful as offender made full admissions to offences within hours of being initially investigated and pleaded guilty at earliest opportunity — offender accepts accountability for offence, and is embarrassed and ashamed by actions — character — s 16A(2)(M) — sentencing judge did not accord significant weight to offender’s otherwise good character as offence is frequently committed by those of otherwise good character — delay — offending occurred between August 2008 and March 2009 but not detected until 2016 — take into account only period of 18 months delay between offender in November 2016 making full admissions to his conduct and being summonsed before Court in June 2018 — no significant discount for delay between 2008-9 and 2016 given that delay was result of offending behaviour being kept hidden by offender, despite offender being required to report any misconduct — guilty plea — s 16A(2)(g) — discount of 25% is appropriate in light of offender’s willingness to facilitate course of justice — co-operation — s 16A(2)(h) — prosecution submitted past co-operation with overseas authorities may be considered by court under s 16A(2) as one of “any other matter[s]” — previous proceedings adjourned to allow offender to travel to United States to provide assistance to US Department of Justice in person in connection with ongoing prosecutions in a US Navy bribery matter — sentencing judge takes this past co-operation into account on sentence — offender gave undertaking in Court to attend and give evidence at any trial in the United States if subpoenaed and to co-operate in that process — sentencing judge gave a 15% discount in relation to undertaking to provide future co-operation — sentence — offender’s plea of guilty, remorse, suitability for an ICO, excellent prospects for rehabilitation and assistance to authorities point in direction other than imprisonment served by full time custody — sentence impose 23 months of imprisonment to be served by way of an Intensive Corrections Order pursuant to s 11 of the Crimes (Sentencing) Act 2005 (ACT) by way of s 20AB(1AA)(a)(ix) of Commonwealth Criminal Code — additional condition that offender perform 150 hours of community service within 23 months
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