An appeal court has increased a jail sentence imposed on former Adelaide magistrate Bob Harrap after his admissions to deception and conspiracy charges.
But the court has declined to increase Harrap’s non-parole period, which remains at 12 months.
Harrap pleaded guilty to two counts of deception in relation to the use of his government car and to one count of conspiring to commit an abuse of public office.
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He had tried to avoid demerit points and the loss of his licence over speeding fines by lying about who was driving his car at the time.
He had also ensured he heard a court matter despite previously giving the lawyer involved private advice in relation to the case.
At a hearing in February, Director of Public Prosecutions Martin Hinton argued that Harrap’s sentences for both sets of offending were manifestly inadequate and urged the Court of Appeal to intervene.
Hinton also argued against the order that the sentences for the conspiracy offences and the deception charges be served concurrently.
But Harrap’s defence counsel David Edwardson QC said Harrap’s sentences were excessive considering he was a first offender, had excellent character references and was at very low risk of reoffending.
In a majority decision on Wednesday, the Court of Appeal increased Harrap’s head sentence from 18 months to 21 months but left his non-parole period unchanged.
It dismissed the DPP’s appeal on the deception charges but allowed it in relation to the conspiracy offence.
It also allowed Harrap’s own appeal against his sentence on the deception offences.
In jailing Harrap last year, District Court Judge Paul Slattery said he accepted the 61-year-old had lost his career, that his mental health had been impacted and that he would be at greater risk in prison.
But he said Harrap knew the seriousness of his offending.
“Members of the judiciary are required to hold themselves separately from other members of society,” Slattery said.
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