District Court
New South Wales
Medium Neutral Citation: R v Ho [2020] NSWDC 905 Hearing dates: 4 June 2020
21 August 2020Decision date: 11 September 2020 Jurisdiction: Criminal Before: KING SC DCJ Decision: Convicted on each count.
(Discounts:
50% discount for each offence (25% utility/facilitation,12.5% Ellis/past assistance, 12.5% future assistance)
Indicative sentences:
001 – 12 months’ imprisonment
002 – 6 months’ imprisonment
003 – 12 months’ imprisonment
004 – 6 months’ imprisonment
005 – 10 months’ imprisonment
006 – 18 months’ imprisonment
Aggregate sentence
1. Sentenced to a term of imprisonment of 3 years commencing today, to expire on 10 September 2023.
2. Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the Court directs the sentence to be served by way of an Intensive Corrections Order for 3 years commencing today.
3. The offender is to report to the OIC at the Leichhardt office of CCS by midday Friday18 September 2020.
4. The conditions to apply during the term of the order are as follows:
STANDARD CONDITIONS
a. You must not commit any offence.
b. The offender is to be placed under the supervision and guidance of the Community Corrective Services.
OPTIONAL ADDITIONAL CONDITIONS
c. Undertake 250 hours of community service work.
5. Failure to comply with the conditions of this order may result in further sanctions may be imposed by the Commissioner of Corrective Services or Commonwealth Director of Public Prosecutions. Those sanctions may include a formal warning, imposing more stringent conditions, or it may include revocation of this order.
Catchwords: CRIME – Sentence - C’TH – Insider trading – tipping - utilising three different brokers & seven different trading accounts during offending period – course of conduct – seriousness of offences - financial consequences – damage to market - general deterrence - self reporting and admissions – remorse and contrition - subjective matters
Legislation Cited: Corporations Act 2001
Crimes Act (Cth)
Cases Cited: Hartman v DPP NSWCCA 261
Khoo v The Queen [2013] NSWCCA 323
Parker v R [2011] 87 ACSR 52
R v Glynatsis [2012] NSWSC 1551
R v Holt [2016] NSWSC 4634
Category: Sentence Parties: Regina
HO, Michael Ming JinnRepresentation: Counsel:
Solicitors:
Crown: Mr Yaseen Shariff,
Defence: Mr Michael McHugh SC; Mr Elliot Hyde
CDPP: Mr Timothy Postma
Defence: Mr Stephen Klotz, Hall & Wilcox
File Number(s): 2020/00046865
Judgment
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HIS HONOUR: Michael Ming Ho appears for sentence in respect of six offences.
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Counts 1 and 5 are each offences of insider trading contrary to s 104(3A)(1)(c) and (d) and 1311(1) of the Corporations Act 2001. Each of those offences has available a maximum penalty of ten years’ imprisonment and/or a fine of 4,500 penalty units, which equates to $810,000 or three times the total value of the benefit obtained, whichever is the greater.
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Counts 2, 4 and 6 are also insider trading and contrary to s 104(3A)(1)(d) and 1311(1) of the Corporations Act 2001. The maximum penalty is exactly the same as previously mentioned in relation to Counts 1…
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- AGLC
- R v Ho [2020] NSWDC 905
- Case
- [2020] NSWDC 905
- Decision Date
CaseChat Overview and Summary
The court was required to consider a range of factors in determining an appropriate sentence. These included the seriousness of the offences, the financial consequences, the damage to the market, and the need for general deterrence. The court also considered Ho's admissions of guilt, his level of remorse and contrition, and his willingness to cooperate with authorities. Additionally, the court took into account the discounts applicable to each offence based on factors such as the level of utility and facilitation, past assistance provided by Ho, and potential future assistance.
In delivering the sentence, the court noted the gravity of Ho's actions and the significant harm caused to the market and other investors. The court also recognised the positive aspects of Ho's admissions, cooperation, and expressions of remorse. However, the court ultimately determined that a custodial sentence was necessary to achieve the aims of punishment, deterrence, and rehabilitation. The court imposed a sentence of three years' imprisonment, to be served by way of an Intensive Corrections Order, with a range of conditions to be met by Ho during the term of the order. Failure to comply with these conditions may result in further sanctions being imposed.
Orders
Orders of the court
Convicted on each count.
(Discounts:
50% discount for each offence (25% utility/facilitation,12.5% Ellis/past assistance, 12.5% future assistance)
Indicative sentences:
001 – 12 months’ imprisonment
002 – 6 months’ imprisonment
003 – 12 months’ imprisonment
004 – 6 months’ imprisonment
005 – 10 months’ imprisonment
006 – 18 months’ imprisonment
Aggregate sentence
1. Sentenced to a term of imprisonment of 3 years commencing today, to expire on 10 September 2023.
2. Pursuant to section 7(1) of the Crimes (Sentencing Procedure) Act 1999, the Court directs the sentence to be served by way of an Intensive Corrections Order for 3 years commencing today.
3. The offender is to report to the OIC at the Leichhardt office of CCS by midday Friday18 September 2020.
4. The conditions to apply during the term of the order are as follows:
STANDARD CONDITIONS
a. You must not commit any offence.
b. The offender is to be placed under the supervision and guidance of the Community Corrective Services.
OPTIONAL ADDITIONAL CONDITIONS
c. Undertake 250 hours of community service work.
5. Failure to comply with the conditions of this order may result in further sanctions may be imposed by the Commissioner of Corrective Services or Commonwealth Director of Public Prosecutions. Those sanctions may include a formal warning, imposing more stringent conditions, or it may include revocation of this order.
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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