214․ R v Scerba (No 2) [2015] ACTSC 359 involved a contravention of s 70 of the Crimes Act, which carried a maximum penalty of two years' imprisonment. It involved uploading two pages of a Defence Intelligence Report to the 4chan website. The pages contained a summary of key intelligence assessments and identified the intelligence sources used to develop the report. It was not possible to determine whether the publication had caused actual damage to Australia's national security. The offender was suffering from Major Depressive Disorder, had a low risk of reoffending and there was evidence of contrition. The offender was sentenced to 12 months' imprisonment, to be released after three months subject to a good behaviour order.
215․ R v Crowley (District Court (WA), Voil DCJ, 17 March 1997, unrep) involved another breach of s 70 of the Crimes Act. A junior legal officer at the Commonwealth Director of Public Prosecutions published documents concerning the Attorney-General's consent to the institution of proceedings against Alan Bond to Alan Bond's son, John. This conduct involved a gross breach of the officer's obligations as a prosecutor. The offender was of prior good character, had a record of public service and a sentence of imprisonment would have had an adverse effect on his family. There was the prospect of disciplinary proceedings. He received a sentence of 15 months' imprisonment to be released after six months on a recognizance to be of good behaviour.
216․ Grant v Headland (1977) 17 ACTR 29 involved a charge of attempting to communicate prescribed information to a person not authorised to receive it, contrary to s 79(3) of the Crimes Act. The maximum penalty was two years' imprisonment. The offender was a 19-year-old probationary trainee at the Australian Security Intelligence Organisation (ASIO) who had undertaken a misguided personal practical experiment to ascertain whether a response could be obtained to an overture to a foreign agency. He was stopped before the communication could be sent. He was not motivated by disloyalty, but by a desire to outperform other trainees. He was of very good character. He was sentenced to three months' imprisonment to serve one month and enter into a recognizance to be of good behaviour.
217․ R v Lappas [2003] ACTCA 21; 152 ACTR 7 involved an intelligence analyst who befriended a sex worker. He gave the sex worker a TOP SECRET report so that she could sell it to a particular foreign power. Annotations made by Mr Lappas on the document "tended to reveal sources of ongoing intelligence". He then initiated contact with representatives of foreign countries to attempt to sell it. He also photocopied two even more sensitive documents and gave them to the sex worker to sell. He was found guilty of espionage contrary to s 78(1)(b) of the Crimes Act, which carried a maximum
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