Former NSW Labor minister Eddie Obeid has been sentenced to five years' jail, with no parole for three years.

The former powerbroker was found guilty of misconduct in public office earlier this year, for his failure to disclose family interests in cafe leases at Sydney's Circular Quay when he lobbied a senior bureaucrat about rules for waterfront retailers.

Supreme Court Justice Robert Beech-Jones said he did not agree with the defence’s argument that Obeid's crime was at the low end of seriousness.

“The more senior the public official, the greater the level of public trust,” he said.

“Corruption by elected officials consumes democracies.

“He intentionally abused the public trust proposed in him as a member of the legislative council of NSW.”

Justice Beech-Jones said Obeid “duped” NSW Marine Authority bureaucrat Steven Dunn by calling him about the leases without disclosing his family's financial interests.

“[The lobbying] was not undertaken because [Obeid] in any way believed it was in the interests of the public or the electorate,” he said.

Justice Beech-Jones said it was “inconceivable” that Obeid did not know he was using his position in an inappropriate way.

Obeid's criminality came down to a single phone call, even thought “the end result did not cause a change in commercial lease policy”, Justice Beech-Jones said.

He said Obeid's crime was not one of ‘omission’, but rather of failing in his ‘proper duty’ by contacting Mr Dunn at all.

Obeid’s barrister Guy Reynolds SC immediately moved for an appeal and bail for his client while the appeal is being considered.

Justice Beech-Jones will soon decide on the bail application.