SUPREME COURT OF VICTORIA
COURT OF APPEAL
| S APCR 2015 0103 | |
| LUKAS KAMAY | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES: | WARREN CJ, REDLICH and KAYE JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 8 October 2015 |
| DATE OF JUDGMENT: | 13 November 2015 |
| MEDIUM NEUTRAL CITATION: | [2015] VSCA 296 |
| JUDGMENT APPEALED FROM: | [2015] VSC 86 (Hollingworth J) |
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CRIMINAL LAW – Insider trading – Sentence – Seven years’ imprisonment – Largest sentence in insider trading case – Sections 1043A and 1311(1) Corporations Act – Whether sentencing judge gave too much weight to profit in determining seriousness of offending – Quality of inside information enabled large profits to be made within short period of time with low risk – Relevance of impact on market – Absence of identifiable victim – Counter parties to trading considered victims – Use of inside information damages integrity of market – Leave to appeal granted – Appeal dismissed.
CRIMINAL LAW – Insider trading – Sentencing – Mitigating factors – Relevance of youth of offender and previous good character and loss of profession in contemporary business world – Importance of general deterrence in white collar crimes – Hartman v DPP (Cth) [2011] NSWCCA 261, DPP (Cth) v Gregory [2011] VSCA 145, Khoo v The Queen [2013] NSWCCA 323, applied.
CRIMINAL LAW – Insider trading – Sentencing – Co-offenders – Parity – Co-offenders charged with different offences – Green v The Queen (2011) 244 CLR 462, Farrugia v The Queen [2011] VSCA 201, considered – Significant differences in roles of co-offenders.
CRIMINAL LAW – Dealing in the proceeds of crimes – Section 400.4 Criminal Code –Concealment not element of offence of money laundering – No error by sentencing judge.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr C B Boyce SC with Mr A T Conley | Anthony Isaacs |
| For the Crown | Mr R J Bromwich SC with Mr D J Lane | Director of Public Prosecutions (Cth) |
WARREN CJ
REDLICH JA
KAYE JA:
Overview
On 10 December 2014, the applicant pleaded guilty to four charges of insider trading, one charge of dealing in the proceeds of crimes being $100,000 or more and two charges of dealing in identification information using a carriage service. He was sentenced as follows:
| Charge | Offence | Maximum | Sentence | Cumulation |
| 6 | Insider trading [Corporations Act 2001 (Cth) ss 1043A and 1311(1)] | 10 years and/or $765,000 fine (or three times the total value of benefits obtained) [Corporations Act 2001 (Cth) ss 1043A and 1311(1) and Schedule 3] | 2 years | 6 months |
| 7 | Dealing in identification information using a carriage service [Criminal Code (Cth) s 372.1A(1)] | 5 years and/or $51,000 fine [Criminal Code (Cth) s 372.1A(1)] | 3 months | - |
| 8 | Insider trading | 10 years and/or $765,000 fine (or three times the total value of benefits obtained) | 4 years | 9 months |
| 9 | Insider trading | 10 years and/or $765,000 fine (or three times the total value of benefits obtained) | 4 years | 9 months |
| 10 | Insider trading | 10 years and/or $765,000 fine (or… |
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- Case
- [2015] VSCA 296
- Decision Date
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