Disgraced ex-minister Ian Macdonald in custody

Disgraced former NSW minister Ian Macdonald is behind bars after his sentence hearing, which included a character reference from broadcaster Alan Jones.

Macdonald and ex-union boss John Maitland were taken into custody today after Justice Christine Adamson revoked their bail, which she had continued since their convictions in March.

Maitland's daughter embraced him in the NSW Supreme Court dock, before she stormed out of the room saying: "It's so wrong, you're all disgusting".

Macdonald, 68, was found guilty of misconduct in public office for signing over a valuable coal exploration licence to Doyles Creek Mining, a company chaired by Maitland, when he was NSW mineral resources minister in 2008.

Maitland, 71, who made $6 million selling shares in a company that acquired Doyles Creek Mining after the licence was granted, was found guilty of being an accessory to the misconduct.

The Director of Public Prosecutions intends to apply for a $6 million proceeds of crime order against Maitland, prosecutor Michael McHugh SC said.

The jury was told unexplored coal resources were "as rare as hen's teeth" in NSW and the state was facing budget constraints when the multimillion-dollar licence was given away without a competitive tender.

At their sentence hearing, Mr McHugh said the misconduct warranted full-time custody.

He cited comments made by another judge who, when jailing former minister Eddie Obeid, talked about ministerial public duties and public confidence.

Macdonald's barrister Matthew Johnston SC tendered a number of references including two from Mr Jones and former MP John Della Bosca.

Justice Adamson refused to make the references public, but referred to the broadcaster saying that Macdonald was found guilty by a court of "public opinion".

She asked if this referred to the jurors selected at random from the community, but Mr Johnston said it referred to the broadcaster's experience of people on the radio.

In relation to remorse, she noted that Macdonald "said he hasn't done anything wrong".

Mr Johnston referred to the NSW government's announcement that it would strip Macdonald and others of their parliamentary pensions, a matter he submitted the judge should take into account.

The judge said if the legislation was passed before she sentenced the men she may be required to take it into account.

The Director of Public Prosecutions intends to apply for a $6 million proceeds of crime order against Maitland, Mr McHugh said.

Dean Jordan SC, for Maitland, also presented character references, stressing that his client had not been a public official and was not charged as such.

General deterrence aimed at those in public office was not a factor for sentencing, he said.

Maitland had been dedicated to the interests of miners and gave a "remarkable and outstanding contribution to the community, both in Australia and the international community over a lifetime".

Justice Adamson said she will "endeavour" to sentence the men next Friday.