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Rodgers v The Queen [2018] NSWCCA 47

appeal against sentence — giving corrupt benefit to Commonwealth public official contrary to s 142.1(1) of Commonwealth Criminal Code — state offences — original sentence imposed 3 years’ imprisonment with 2 year non-parole period for Commonwealth offence — total effective sentence imposed 9 years’ and 6 months imprisonment with 7 year non-parole period — commencement of federal sentence — s 16E — where offender received full credit for presentence custody it is within sentencing judge’s discretion to structure sentences by commencing sentence for Commonwealth offence before commencement of sentences for State offences — if sentences imposed in reverse order sentence for Commonwealth offence would be subsumed within sentences for State offences — objective seriousness — Commonwealth offence serious in context of offender’s involvement in drug supply — committed Commonwealth offence on understanding that would be assisting those involved in serious criminal activity — connection with anticipated serious criminal offending increased objective seriousness of offender’s conduct — deterrence — s 16A(2)(j)—(ja) — general deterrence is a major factor on sentence for those who seek to corrupt a police officer — necessary for sentence for Commonwealth offence to involve level of denunciation and specific and general deterrence — not demonstrated that this was crushing sentence — leave to appeal granted — appeal dismissed
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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