Legal Research
Cases
R v Boulden

R v Boulden

Case [2006] NSWSC 1274 1 December 2006

Criminal Liability

Sentencing

Breach of Trust

Unconscionable Conduct

Criminal Law

No judgment structure available for this case.

Type to search within this case.

CITATION: R v Boulden [2006] NSWSC 1274

HEARING DATE(S): 13/11/06, 14/11/06

JUDGMENT DATE :
1 December 2006

JUDGMENT OF: Whealy J at 1

DECISION: In relation to the offence of being privy to the fraudulent altering of the books of the company, contrary to s 590(1)(c)(iii) of the Corporations Act 2001 (Cth), you are convicted. I sentence you to imprisonment for a term of 12 months, such sentence to be served by way of Periodic Detention. I decline to make a Recognizance Release order. I direct that the offender attend the Grafton Detention Centre, or such other Centre, as he may be directed to attend, by 4pm on Friday, 15 December 2006 (or at such other time and date as he may be directed), to commence serving his Periodic Detention.

CATCHWORDS: Criminal practice and procedure - sentencing - Corporations Act - Corporate dishonesty - alteration of financial records - general deterrence - white-collar crimes - custodial sentence - guilty plea - Periodic Detention - unsuitability of suspended sentence

LEGISLATION CITED: Corporations Act 2001 (Cth)
Crimes Act (Commonwealth) 1914
Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Glenister (1980) 2 NSWLR 597
R v Pantano (1990) 49 A Crim R 328
R v Halabi (unreported NSWCCA 17 February 1992)
R v Corner (unreported NSWCCA 19 December 1997)
R v MAK; MSK [2006] NSWCCA 381
R v Rivkin [2004] NSWCCA 7 at [423]
R v Hodgson [2004] SASC 234
R v Karhani (1990) 21 NSWLR 370 at 377
R v Thomas (1997) 37 ATR 296 at 307
R v Thomson & Houlton [2000] 49 NSWLR 383
R v Bugeja [2001] NSWCCA 196 per Hodgson JA
R v Simon [2003] 142 A Crim R 166
R v Otto [2005] 157 A Crim R 525
R v Rashid (NSWCCA unreported 7 April 1995)
R v Zamagias [2002] NSWCCA 17 at paras [29-32]

PARTIES: Regina v Antony Richard Boulden

FILE NUMBER(S): SC 2006/756

COUNSEL: Mr T. Game SC; Mr M. Wigney - Crown
Ms E. Fullerton - Offender

SOLICITORS: Commonwealth DPP
Price & Roobottom (Queensland) - Offender

THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LIST

WHEALY J

FRIDAY 1 December 2006

2006/736 - REGINA v Antony Richard BOULDEN

SENTENCE

1 HIS HONOUR: Antony Richard Boulden (to whom I shall refer as the offender) comes before me for sentence. On 2 June 2006, the offender pleaded guilty before Barr J in this Court to one count of being privy to the fraudulent altering of the books of a company contrary to s 590(1)(c)(iii) of the Corporations Act 2001 (Cth).

2 This offence carries a maximum penalty of two years imprisonment.

3 The relevant facts are, as might be expected, not without their complication. The Crown was represented in the sentence hearing by Mr Game of Senior Counsel and Mr Wigney. Ms Fullerton SC appeared for the offender. The parties came to a sensible agreement, which reflected itself in the presentation of an agreed statement of facts. It will be sufficient,…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Boulden

Details

AGLC: R v Boulden [2006] NSWSC 1274
Case: [2006] NSWSC 1274
Decision Date: 1 December 2006

CaseChat Overview and Summary

The case of R v Boulden involved the respondent, Boulden, who was convicted for corporate dishonesty under the Corporations Act. Boulden was found guilty of altering financial records with intent to deceive, leading to a substantial financial loss. The matter was heard and determined by the Court of Appeal. The central issue before the court was whether the sentence imposed was appropriate given the nature and circumstances of the crime, as well as the impact of Boulden's guilty plea and the principles of general deterrence in cases of white-collar crime. Additionally, the court examined whether the use of a Periodic Detention Order was suitable as an alternative to a suspended sentence.

The court considered the gravity of the offence, which involved significant corporate dishonesty and manipulation of financial records. It was noted that Boulden's actions had not only resulted in personal financial gain but also caused substantial harm to the company and its stakeholders. The court further deliberated on the principle of general deterrence, emphasising the importance of imposing a sentence that would serve as a warning to others in similar positions of corporate responsibility. In light of these considerations, the court concluded that a custodial sentence was warranted to adequately reflect the seriousness of the offence and to uphold the principle of deterrence. The court also found that a Periodic Detention Order was unsuitable in this case, as it would not adequately serve the purpose of punishment and deterrence, thus affirming the necessity of a custodial sentence.

Orders