CITATION: R v Boulden [2006] NSWSC 1274 HEARING DATE(S): 13/11/06, 14/11/06
JUDGMENT DATE :
1 December 2006JUDGMENT 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 1999CASES 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 - OffenderSOLICITORS: Commonwealth DPP
Price & Roobottom (Queensland) - Offender
THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTWHEALY 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,…
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- AGLC
- R v Boulden [2006] NSWSC 1274
- Case
- [2006] NSWSC 1274
- Decision Date
CaseChat Overview and Summary
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.
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