Former NSW minister Ian Macdonald's sentence for misconduct in public office was "stern" but not unreasonable nor plainly unjust, five Court of Criminal Appeal judges have been told.
"This was a Minister of the Crown, the highest level of government, and the head sentence needed to be stern," said Michael McHugh SC, for the Crown, on Thursday.
Macdonald, 69, was jailed for 10 years, with a minimum of seven, in June last year after being found guilty of two counts of wilful misconduct in public office.
He is challenging both his sentence and convictions.
His friend and former union boss John Maitland - who was jailed for six years with a minimum of four - is challenging his convictions for being an accessory to the misconduct.
Macdonald was found to have favoured the interest of Doyles Creek Mining, chaired by Maitland, over the interests of the state when he granted a NSW Hunter Valley mining licence in 2008 without a competitive tender.
Maitland, now 72, made $6 million selling shares in a company that acquired Doyles Creek Mining after the licence was granted.
While conceding there was no evidence that Macdonald was to benefit personally for his misconduct, Mr McHugh rejected the submission that the sentence was "manifestly excessive" and should be reduced.
"One may never know why a criminal acts in the way they do. What we do know here is that Macdonald did so act," he said in his written submissions.
Macdonald's conviction appeal grounds included an argument by his lawyer Phillip Boulten SC that the trial judge misdirected the jury in relation to the "elements" of the misconduct offence.
He said that when people held public office, there needed to be a bright line demarcating sloppy or negligent conduct on one hand and criminal conduct which could lead to prison time on the other.
But Mr McHugh said the bright line was clear - "don't be dishonest".
The court reserved its decision.
Australian Associated Press
