R v McBride (No 4)

[2024] ACTSC 147

Supreme Court of the ACT14 May 2024

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Catchwords

1. Criminal Law
2. › JURISDICTION, PRACTICE AND PROCEDURE
3. › Judgment and punishment
4. › sentence
5. › theft of confidential documents from Australian Defence Force premises
6. › offending occurred over a substantial period and involved multiple occasions
7. › gross breach of trust held by senior legal advisor in a sensitive position within the Army
8. › consideration of consequences of theft for Australia’s defence, national security and international relations
9. › sentence of imprisonment imposed
1. Criminal Law
2. › JURISDICTION, PRACTICE AND PROCEDURE
3. › Judgment and punishment
4. › sentence
5. › unlawfully communicating naval, military or air force information
6. › offender disclosed stolen documents and information to journalists
7. › offending enabled by senior position of trust
8. › lack of remorse
9. › importance of general deterrence
10. › consideration of consequences of disclosure for Australia’s defence, national security and international relations
11. › sentence of imprisonment imposed
1. Statutes
2. › INTERPRETATION
3. › Treatment of maximum penalty for offence under s 73A of the Defence Act 1903 (Cth)
4. › where maximum penalty is “a fine of any amount or imprisonment for any term, or both”
5. › consideration of legislative history
6. › offence provision repealed and substituted in 2001
7. › clear legislative intention to retain severity of penalty provision
8. › penalty applies in accordance with its terms

Case Details

Citation[2024] ACTSC 147

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date14 May 2024

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Cited by2

2025McBride v McBrideNSWSC 57
1993R v TricklebankQCA 268

Relies on14

2023DPP v Vincent (No 2)ACTSC 379
2023R v McBride (No 2)ACTSC 330
2023McBride v RACTCA 42
2023R v McBrideACTSC 328
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