The ruling had enormous implications. Judges from the lower courts would be loath to ever send cases to the Supreme Court for clarification on points of law again. Mendax had made legal history, but not in the way he had hoped.
Mendax's case passed back down to the County Court.
He had considered taking his case to trial, but with recently announced budget cuts to Legal Aid, he knew there was little hope of receiving funding to fight the charges. The cuts were forcing the poor to plead guilty, leaving justice available only for the wealthy. Worse, he felt the weight of pleading guilty, not only as a sense of injustice in his own case, but for future hacking cases which would follow. Without clarity on the meaning of the law—which the judges had refused to provide—or a message from a jury in a landmark case, such as Wandii's trial, Mendax believed that hackers could expect little justice from either the police or the courts in the future.
On 5 December 1996, Mendax pleaded guilty to the remaining six charges and was sentenced on all counts.
Court Two was quiet that day. Geoff Chettle, for the prosecution, wasn't there. Instead, the quietly self-possessed Lesley Taylor handled the matter. Paul Galbally appeared for Mendax himself. Ken Day sat, expressionless, in the front row of the public benches. He looked a little weary. A few rows back, Mendax's mother seemed nervous. Electron slipped silently into the back of the room and gave Mendax a discreet smile.
His hair pulled back into a loose ponytail, Mendax blinked and rolled his eyes several times as if brought from a dark space into the bright, white-walled courtroom.
Judge Ross, a ruddy-faced and jowly man of late middle age with bushy, grey eyebrows, seated himself in his chair. At first, he was reluctant to take on the case for sentencing. He thought it should be returned to one of the original judges—Judge Kimm or Judge Lewis. When he walked into court that morning, he had not read the other judges' sentences.
Lesley Taylor summarised the punishments handed down to the other two hackers. The judge did not look altogether pleased. Finally, he announced he would deal with the case. `Two judges have had a crack at it, why not a third one? He might do it properly.'
Galbally was concerned. As the morning progressed, he became increasingly distressed; things were not going well. Judge Ross made clear that he personally favoured a custodial sentence, albeit a suspended one. The only thing protecting Mendax seemed to be the principle of parity in sentencing. Prime Suspect and Trax had committed similar crimes to Mendax, and therefore he had to be given a similar sentence.
Ross `registered some surprise' at Judge Lewis's disposition toward the sentencing of Prime Suspect. In the context of parity, he told Leslie Taylor, he was at times `quite soured by some penalties' imposed by other judges. He quizzed her for reasons why he might be able to step outside parity.