MOSSOP J:
Introduction
1․ On 17 November 2023, David McBride pleaded guilty to three offences:
- (a) Count 1, theft, contrary to s 131.1(1) of the Criminal Code (Cth) (CAN 41388/2018). The particulars of the charge are that, between about 1 December 2013 and about 26 February 2018, in Griffith and other places in the Australian Capital Territory (ACT) and New South Wales, Mr McBride dishonestly appropriated property belonging to a Commonwealth entity with the intention of permanently depriving the entity of the property. The maximum penalty is 10 years' imprisonment or a fine of 600 penalty units, or both.
- (b) Two counts of unlawfully communicating naval, military or air force information, contrary to s 73A(1) of the Defence Act 1903 (Cth) (CAN 2897/2019 and CAN 2899/2019). The particulars of the charges are as follows:
- (i) Count 2: Between about 1 August 2014 and about 31 December 2015, in New Acton and Forrest and other places in the ACT, Mr McBride, being a member of the Defence Force, communicated documents relating to naval, military or air force information to other persons, namely Chris Masters and Andrew Clark, and that communication was not in the course of his official duty.
- (ii) Count 3: Between about 2 May 2016 and about 11 July 2017, in Griffith and other places in the ACT, Mr McBride, being a member of the Defence Force, communicated documents relating to naval, military or air force information to another person, namely Daniel Oakes, and that communication was not in the course of his official duty.
2․ The maximum penalty for an offence against s 73A is set out in s 73F. Where the offence is prosecuted upon indictment, the maximum penalty is "a fine of any amount or imprisonment for any term, or both". If the offence is prosecuted summarily, the maximum fine for an individual is two penalty units and the maximum period of imprisonment is six months.
3․ There is also a charge of contravening s 70(1) of the Crimes Act 1914 (Cth). This is included in a schedule pursuant to s 16BA of the Crimes Act in relation to count 3. Section 16BA permits an offender to admit his guilt in respect of offences specified in the list and then have them taken into account by the court in passing sentence on him for the offence or offences for which he has been convicted. The particulars of the charge are that, between about 4 April 2016 and about 31 May 2016, in Deakin and other places
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