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District Court 3 September 2010

R v JOB

[2010] NSWDC 246

Fraud & dishonesty
CRIMINAL LAW SENTENCE OBTAIN BENEFIT BY DECEPTION OBTAIN A CORRUPT BENEFIT OFFICIAL IN RTA

Citation: R v JOB [2010] NSWDC 246
Court: District Court of New South Wales
Date: 3 September 2010
Judge(s): Berman SC DCJ

Background

The offender, Damon Job, was an Operations Manager at the NSW Roads and Traffic Authority (RTA) whose duties included overseeing "tidal flow" traffic operations, the arrangements that provide extra lane capacity during peak hours. Between January 2004 and March 2006, he used his position to benefit a family friend, Terry Steptoe, by steering RTA work to Steptoe's company and approving invoices for work that was never performed.

The scheme involved four distinct areas of misconduct: approving false invoices for tidal flow work at May's Hill after the relevant contract had expired; improperly awarding a tidal flow contract at Moore Street, Lane Cove without following required RTA processes; approving invoices for "candy bars" (traffic management equipment) that were never actually supplied; and manipulating payment arrangements connected to Rail Corp shutdown operations in a way that allowed Steptoe to receive RTA funds without the RTA being reimbursed.

In total, Steptoe's company received approximately $300,000 through the scheme, of which $106,500 was paid to the offender personally as corrupt rewards. The offender pleaded guilty at an early stage to multiple charges under the Crimes Act 1900, including obtaining a benefit by deception and corruptly receiving a benefit as a public official.

  • What was the appropriate total sentence for multiple counts of obtaining a benefit by deception (s 178BA, Crimes Act 1900) and obtaining a corrupt benefit (s 249B, Crimes Act 1900)?
  • To what extent, if any, should the sentences for the four separate courses of conduct run concurrently rather than cumulatively?
  • Whether special circumstances existed justifying an extended parole period relative to the non-parole period.
  • What weight should be given to mitigating factors including the early guilty plea, the offender's personal circumstances, and the practical difficulties he may face in custody?

Decision

Berman SC DCJ identified four distinct courses of criminal conduct, each involving separate acts with different victims and consequences. His Honour rejected the submission that sentences across the four areas could run wholly concurrently, finding that concurrent sentences would be completely inappropriate given the separate and repeated nature of the offending. The court did, however, acknowledge a substantial overlap between the deception offences and the corrupt benefit offences, bearing that overlap in mind when structuring the accumulation of sentences.

The court treated the offences seriously because they involved a deliberate breach of trust by a public servant who had received specific training in anti-corruption obligations and conflict-of-interest requirements. His Honour noted that the offending was not motivated by financial need but by greed, and that corruption of this kind damages public confidence in government organisations.

In mitigation, the court accepted the benefit of the early guilty plea, the offender's lack of prior criminal history, evidence of good character, and his co-operation with authorities including an indication that he would give evidence for the prosecution. The court also took into account the risk that the offender may need to serve part of his sentence on protection, which can involve harder conditions than those for the general prison population.

The Crown conceded that special circumstances existed, and the court enlarged the parole eligibility period accordingly, resulting in a non-parole period shorter than would otherwise apply relative to the total sentence.

Orders Made

  • Seven counts under s 178BA (May's Hill tidal flow false invoices): fixed term of 18 months each, commencing 19 August 2010.
  • Four counts under s 178BA (SRA shutdown offences): fixed term of 18 months each, commencing 19 August 2011.
  • Four counts under s 249B (corrupt benefit offences): non-parole period of 1 year, head sentence of 3 years, commencing 19 August 2012.
  • Effective overall non-parole period: 3 years. Overall term: 5 years.
  • Eligible for release to parole: 18 August 2013.

Key Takeaways

  • The District Court treated corruption by a public servant as a seriously aggravating feature, finding that such conduct undermines public confidence in government institutions and warrants substantial punishment.
  • Where an offender commits multiple distinct courses of criminal conduct involving separate acts, victims, and consequences, fully concurrent sentences will generally be inappropriate even where there is some overlap between individual charges.
  • Under s 249B of the Crimes Act 1900, a public official who corruptly receives benefits for breaching their employment obligations commits an offence that the court will treat as distinct from, though potentially overlapping with, associated deception charges under s 178BA.
  • An early guilty plea, co-operation with authorities, good character, and the potential for harder custodial conditions contributed to a degree of mitigation, but did not displace the need for a significant term of full-time imprisonment.
  • Special circumstances (accepted by the Crown) permitted an enlarged parole period, reflecting rehabilitation prospects and the need for supervised reintegration after a lengthy sentence for first-time custodial offending.

Legislation and Cases Referenced

Legislation:
- Crimes Act 1900 (NSW), s 178BA (obtaining benefit by deception)
- Crimes Act 1900 (NSW), s 249B (corruptly receiving a benefit as a public official)

Cases cited: No cases were cited in the text provided.