145․ The personal references recorded that Mr McBride has "a rare combination of humility and at the same time a passion for justice". Another reference relates to his participation in Alcoholics Anonymous and suggests that a non-custodial sentence would make a "huge and positive difference" both to Mr McBride and to other members of Alcoholics Anonymous who he helps to stay sober. It also records that separation from his therapy dog would be "extremely damaging".
146․ Amongst the additional bundle of references that were tendered are a mix of references from members of his family, long-time friends of his as well as those that have known him through his work as a reserve legal officer or a full-time member of the ADF. A common theme of the references relating to his time in the military is his sense of duty, his sense of professional responsibility, his intelligence and hard work. The long-time friends talk of his empathy, kindness and compassion. One of the references, which recognises the significant emotional toll taken on him by his tours of active service, attempts to address the offending conduct and describes it as "an appalling lack of judgment".
147․ The intensive correction order assessment report does not record any remorse in relation to the offending. It records the following:
He minimised the offending, attributing it to a difference in legal interpretation. Mr McBride expressed the belief that, if prosecuted, his conduct would be protected under a the [sic] defence of acting in the public interest. However, he recognised a judge had now determined this defence was not available to him and therefore conviction and punishment were to follow.
Despite this, he emphasised his differing interpretation of the legislation and stated he was likely to appeal the decision, regardless of whether this would impact his sentence. Mr McBride justified his decision to offend, claiming he believed the Department of Defence (the Department) had been acting outside the bounds of the law, due to political interference, in a manner which was dangerous to the community. He positioned himself as acting in a completely lawful manner due to a belief he had a responsibility, as a lawyer, to rectify this issue. Mr McBride expressed the belief the theft of the documents was justified to prove the above claims. He also stated the provision of these documents to the media felt necessary, as he was unsatisfied with the result of his internal complaint and felt he had no other available options.
148․ Mr McBride has no criminal history.
149․ Some further aspects of Mr McBride's subjective circumstances are addressed in the next section of these reasons which relate to specific submissions on factual matters made on behalf of Mr McBride.
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