| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2016 0189
| THE QUEEN |
| v |
| DARREL SALTER |
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JUDGE: | JOHN DIXON J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 28 September 2017 |
DATE OF SENTENCE: | 21 November 2017 |
CASE MAY BE CITED AS: | R v Salter |
MEDIUM NEUTRAL CITATION: | [2017] VSC 698 |
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CRIMINAL LAW – Sentence – Conspiracy to defraud the State of Victoria – Giving secret commissions – Offences occurred over four year period – Plea of guilty - Undertaking to give evidence against co-offenders – Other mitigating circumstances – Total effective sentence 4 years and 5 months with a minimum of 3 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr K Armstrong with Mr A Sharp | John Cain, Solicitor for Public Prosecutions |
| For the Accused | Ms D Price | Sally Wilson Legal |
HIS HONOUR:
Darrel Salter, on 19 June 2017 you pleaded guilty to one charge that, contrary to Common Law, between 3 September 2009 and 9 January 2014, you conspired with six others[1] to defraud the State of Victoria in the awarding of works contracts. The maximum penalty for this offence is 15 years imprisonment.[2]
[1]Barry Wells, Albert Ooi, Michael De La Torre, Andrew Ooi, Andrew Hayes and Graham Davis; each of whom are subject to separate proceedings arising out of these events.
[2]Crimes Act 1958, s 320.
You also pleaded guilty to two charges of giving a secret commission contrary to s 176(2) of the Crimes Act 1958. The maximum penalty for this offence is 10 years imprisonment.[3]
[3]Crimes Act 1958, s 176(2).
The first count charged that, between 29 April 2011 and 6 August 2012, you corruptly gave a secret commission to Barry Wells, an agent for the Department of Transport, consisting of five cheques totalling $74,632. This is what is termed a rolled-up charge as it includes a number of discrete transactions.
The second count charged that, between 19 November 2013 and 9 January 2014, you corruptly gave a secret commission to Barry Wells, an agent for the Department of Transport, being cash in the sum of $6,000.
Your offending arose out of your involvement with co-conspirators Barry Wells and Albert Ooi, who were employed variously with the Victorian Government’s Department of Infrastructure (‘DOI’), Department of Transport (‘DOT’) and Public Transport Victoria (‘PTV’).[4]
[4]For convenience, throughout these reasons, I will use abbreviations and initials when referring to corporate entities and Government departments.
The charges arose from an investigation named ‘Operation Fitzroy’ by the Independent Broad-Based Anti-corruption Commission (‘IBAC’) into allegations of corrupt activities in procurement in the Victorian Government’s Transport departments. The facts and circumstances on which you are being sentenced were described in depth in the prosecution opening on plea. I incorporate that document into these reasons by reference and direct that a copy of it be retained on the court file. You admitted the relevant facts set out by the prosecution in that document. What I now say is by way of…
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- AGLC
- R v Salter [2017] VSC 698
- Case
- [2017] VSC 698
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to determine an appropriate sentence for Salter, considering the nature and extent of his involvement, the duration of the offences, his plea of guilty, and his undertaking to assist the prosecution. The court also had to weigh the mitigating factors presented.
In sentencing Salter, the court recognised the seriousness of the offence and the duration over which it occurred. However, it also took into account Salter's guilty plea, his commitment to provide evidence against his co-conspirators, and other mitigating factors. The court determined that a total effective sentence of four years and five months, with a non-parole period of three years, was appropriate. The sentence reflected both the gravity of the crimes and the mitigating factors presented.
The final orders of the court were that Salter was to serve a total effective sentence of four years and five months, with a non-parole period of three years. This sentence was intended to reflect the seriousness of the offences while also acknowledging the mitigating factors and Salter's cooperation with the prosecution.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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