SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | R v McBride (No 4) |
| Citation: | [2024] ACTSC 147 |
| Hearing Date: | 6 May 2024 |
| Decision Date: | 14 May 2024 |
| Before: | Mossop J |
| Decision: | 1. On the charge of contravening s 73A(1) of the Defence Act 1903 (Cth) (CAN 2897/2019), the offender is convicted and sentenced to imprisonment for 34 months, commencing on 14 May 2024 and ending on 13 March 2027.
2. On the charge of contravening s 73A(1) of the Defence Act 1903 (Cth) (CAN 2899/2019), the offender is convicted and sentenced to imprisonment for 34 months, commencing on 14 October 2025 and ending on 13 August 2028. 3. On the charge of contravening s 131.1(1) of the Criminal Code (Cth) (CAN 41388/2018), and having taken into account the charge of contravening s 70(1) of the Crimes Act on the s 16BA schedule (CAN 2900/2019), the offender is convicted and sentenced to imprisonment for 27 months, commencing on 14 October 2027 and ending on 13 January 2030. 4. The non-parole period commences on 14 May 2024 and ends on 13 August 2026. |
| Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – theft of confidential documents from Australian Defence Force premises – offending occurred over a substantial period and involved multiple occasions – gross breach of trust held by senior legal advisor in a sensitive position within the Army – consideration of consequences of theft for Australia’s defence, national security and international relations – sentence of imprisonment imposed
CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and punishment – sentence – unlawfully communicating naval, military or air force information – offender disclosed stolen documents and information to journalists – offending enabled by senior position of trust – lack of remorse – importance of general deterrence – consideration of consequences of disclosure for Australia's defence, national security and international relations – sentence of imprisonment imposed STATUTES – INTERPRETATION – Treatment of maximum penalty for offence under s 73A of the Defence Act 1903 (Cth) – where maximum penalty is "a fine of any amount or imprisonment for any term, or both" – consideration of legislative history – offence provision repealed and substituted in 2001 – clear legislative intention to retain severity of penalty provision – penalty applies in accordance with its terms |
