CITATION: Regina v I R Hall [No 2] [2005] NSWSC 890
HEARING DATE(S): 15/12/04
17/12/04
21-24/2/05
2/3/05
14/3/05
24/3/05
21-22/4/05
2/5/05
4-5/5/05
10/5/05
10/6/05
14/6/05
21/6/05
23/6/05
12/8/05
JUDGMENT DATE :
9 September 2005JURISDICTION: Common Law Division
Criminal ListJUDGMENT OF: Kirby J
DECISION: Sentenced to a term of imprisonment of 2 years and 1 month commencing on 9 September 2005 and ending on 8 October 2007. Order that he be released on 8 September 2006 upon giving security in the sum of $5,000 without surety by recognisance to be of good behaviour during the balance of term.
CATCHWORDS: Criminal Practice & Procedure - sentence - white collar crime - insider trading - company director - traded after receiving adverse auditor's report - plea - but not admit knew insider trading - age - delay - hardship to family - civil penalty findings - effect on character.
LEGISLATION CITED: Corporations Act 2001
Crimes Act 1914 (Cth)CASES CITED: Weininger v The Queen (2003) 212 CLR 629
R v El Rashid (unreported, NSW CCA, 7.4.95)
R v Holyoak (1995) 82 A Crim R 502
Signato v The Queen (1998) 194 CLR 656
Cameron v The Queen (2002) 209 CLR 339
R v Thomson & Houlton (2000) 49 NSWLR 383
R v Sharma (2002) 130 A Crim R 238
R v Atholwood (1999) 109 A Crim R 465
R v Dietrich (1992) 177 CLR 292
R v Winchester (1992) 58 A Crim R 345
R v Maslen & Shaw (1995) 79 A Crim R 199
R v Hinton (2002) 134 A Crim R 286
R v Todd (1982) 2 NSWLR 517
R v Hannes (2002) 173 FLR 1
R v Rivkin (2004) 59 NSWLR 284
R v Doff [2005] NSWCCA 119
R v Frawley [2005] NSWSC 585
R v Rivkin [2003] NSWSC 447PARTIES: Regina
Ian Robert HallFILE NUMBER(S): SC 2003/45
COUNSEL: P W Neil SC (Crown)
D McBryde (Offender)SOLICITORS: Ms K Marinos - Cth DPP (Crown)
LOWER COURT JURISDICTION:
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
CRIMINAL LISTJUSTICE DAVID KIRBY
Friday 9 September 2005
JUDGMENT [No 2] - REMARKS ON SENTENCE2003/45 REGINA v Ian Robert HALL
1 KIRBY J: On 7 July 2004, Ian Robert Hall pleaded guilty before Davidson AJ to the following offence:
- "Between about 28 October 1998 and 13 November 1998 at Sydney in the State of New South Wales, did commit an offence against section 1311(1)(a) of the Corporations Act 2001 ('the Act') in that contrary to section 1002G(2)(b) of the Act he did procure Leisuremark Pty Limited to sell securities, being shares in Clifford Corporation Limited ('the securities') whilst in possession of information concerning Clifford Corporation Limited that was not generally available, being information which a reasonable person would expect to have a material effect on the price of the securities if it were generally available, and being information which Ian Robert Hall knew, or ought reasonably to have known:
- (i) was not generally available; and
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- Case
- [2005] NSWSC 890
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included the proper approach to sentencing in cases of white-collar crime, the significance of the delay in prosecution, and the weight to be given to the respondent's age and the impact on his family. Additionally, the court needed to consider the implications of the civil penalty findings on the respondent's character and the appropriate balance between deterrence and rehabilitation in sentencing.
The Court of Appeal held that the primary consideration in sentencing was the need for deterrence and denunciation in cases of white-collar crime. While the delay in prosecution and the respondent's age were relevant factors, they did not outweigh the seriousness of the offence. The court also found that the civil penalty findings did not preclude a custodial sentence but should be considered in determining the appropriate penalty. Ultimately, the court determined that a custodial sentence was necessary to achieve the aims of deterrence and denunciation. The respondent was sentenced to a term of imprisonment, reflecting the seriousness of the offence and the need to protect the integrity of the financial markets.
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