District Court
New South Wales
Medium Neutral Citation: R v Bigatton (No 5) [2024] NSWDC 285 Hearing dates: 5 July 2024 Date of orders: 12 July 2024 Decision date: 12 July 2024 Jurisdiction: Criminal Before: Newlinds SC DCJ Decision: (1) The Offender is convicted.
(2) Order, pursuant to s 20(1)(a), the conditional release of the Offender upon the condition that he enter into a recognisance, self in the sum of $100 without security.
(3) The condition of the recognisance is that he be of good behaviour for a period of 3 years commencing 12 July 2024 and expiring 11 July 2027.
Catchwords: SENTENCING – Commonwealth offences – Corporations Act offences – Collapse of BitConnect Lending Platform – Financial services advice – Effect of disclaimer stating that financial advice is not financial advice – General deterrence – Purpose of Chapter 7 of the Corporations Act – Strong subjective case – Custodial sentence not warranted – Offender convicted and released on recognisance release order to be of good behaviour for 3 years
Legislation Cited: Corporations Act 2001 (Cth) s 760A; s 911B(1)(a)‑(e);
Crimes Act 1914 (Cth) Part 1B; s 16A; s 16A(1); s 16A(2)(a)-(n); s 20(1)(a)
Proceeds of Crime Act 2002 (Cth)
Cases Cited: Baden v The Queen [2020] NSWCCA 23
Cameron v The Queen (2002) 209 CLR 339
Cameron v The Queen (2002) 209 CLR 339
Commissioner of the Australian Federal Police v Bigatton [2020] NSWSC 245
Decision restricted [2024] NSWCCA 23
DPP v Verdins (2007) 16 VR 268
Huang aka Liu v R [2018] NSWCCA 70
R v Bigatton (No 2) [2023] NSWDC 290
R v Bigatton (No 3) [2023] NSWDC 291
R v Bigatton (No 4) [2023] NSWDC 458
R v Todd [1982] 2 NSWLR 517
Category: Sentence Parties: Rex
John Louis Anthony Bigatton (Offender)Representation: Counsel:
Solicitors:
A Williams (Crown)
C Parkin (Offender)
J Cho (CDPP)
Kings Law Group (Offender)
File Number(s): 2020/293887 Publication restriction: Nil
JUDGMENT
Overview
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This sentence, concerning events in 2017 and 2018 involving the BitConnect Lending Platform in Australia, has a long and complicated procedural history. I have delivered a number of interlocutory judgments, including R v Bigatton (No 2) [2023] NSWDC 290; R v Bigatton (No 3) [2023] NSWDC 291; R v Bigatton (No 4) [2023] NSWDC 458. Each of those concerned significant interlocutory issues which needed to be determined before the matter could be set down for trial. The matter has also been to the Court of Criminal Appeal on one occasion, I think from No 3, however the decision, which was delivered on 23 February 2024, is currently restricted: Decision restricted [2024] NSWCCA 23.
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So it is that what commenced on 17 November 2022 when the Office of Director of Public Prosecutions (Commonwealth) instituted proceedings against the Offender with six offences, concludes today with this sentence. The…
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- AGLC
- R v Bigatton (No 5) [2024] NSWDC 285
- Case
- [2024] NSWDC 285
- Decision Date
CaseChat Overview and Summary
The court examined the nature and extent of Mr. Bigatton's involvement in the BitConnect Lending Platform. It took into account the significant losses suffered by the victims due to the collapse of the platform. The court recognised the strong subjective case for punishment but also considered the lack of direct financial gain for Mr. Bigatton. It noted the importance of general deterrence in enforcing the Corporations Act. The court concluded that, while the offence was serious, the particular circumstances did not warrant a custodial sentence. Instead, it opted for a recognisance release order, emphasising the need for Mr. Bigatton to be of good behaviour for three years.
The court ordered that Mr. Bigatton be convicted and released on the condition that he enter into a recognisance, self in the sum of $100 without security. The recognisance release order required him to be of good behaviour for a period of three years, commencing on 12 July 2024 and expiring on 11 July 2027. The court's decision reflected a balanced approach, considering the gravity of the offence, the need for general deterrence, and the individual circumstances of the offender.
Orders
Orders of the court
(1) The Offender is convicted.
(2) Order, pursuant to s 20(1)(a), the conditional release of the Offender upon the condition that he enter into a recognisance, self in the sum of $100 without security.
(3) The condition of the recognisance is that he be of good behaviour for a period of 3 years commencing 12 July 2024 and expiring 11 July 2027.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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