NSW Supreme Court Justice Bruce James imposed the maximum three year sentence, with a two year non-parole period. Justice James said that the retired judge had engaged in "deliberate, premeditated perjury" when he committed perjury to avoid a $77 speeding fine and demerit points three years ago.

Representing the Crown, Wayne Roser SC argued for the maximum jail sentence, saying that the counts were in the "worst case category" of such offences. Einfeld's lawyer, Ian Barker QC, was unsuccessful in his argument that Einfeld's work for the disadvantaged should be considered a mitigating factor.

The high profile saga began in January 2006, when Einfeld was caught by a speeding camera driving 10kmh over the limit in a 50kmh zone. In an effort to avoid the fine, Einfeld told the court that a friend, Teresa Brennan, had been driving the car at the time. It later emerged that Brennan had died three years earlier.