R v Wong [2020] NSWDC 382

District Court New South Wales

Medium Neutral Citation: R v Wong [2020] NSWDC 382 Hearing dates: 15 May 2020 Date of orders: 04 June 2020 Decision date: 04 June 2020 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Term of imprisonment of 1 year 6 months but, pursuant to s 20(1)(b) Crimes Act 1914, order his immediate release conditionally upon entering a recognizance in himself of an amount of $10,000, to be of good behaviour for 3 years Catchwords: SENTENCING — Federal offenders — Relevant considerations — Sentence by State court for offence against Commonwealth law — Insider trading SENTENCING — Mitigating factors — No record of previous convictions — Plea of guilty — Remorse — Unlikely to re-offend SENTENCING — Penalties — Recognizance SENTENCING — Relevant factors on sentence — Maximum penalty — Objective seriousness SENTENCING — Sentencing procedure — Agreed facts SENTENCING — Subjective considerations on sentence — Age of offender Legislation Cited: Corporations Act 2001 (Cth) Crime Act 2002 (Cth) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: R v Doff [2005] NSWCCA 119 R v Olbrich (1999) 119 CLR 270 R v Pogson, Lapham and Martin [2012] NSWCCA 225 R v Qutami [2001] NSWCCA 353 R v Rivkin [2003] 198 ALR 400 Category: Sentence Parties: Regina (Crown) Gilman Edwin Wong (Offender) Representation: Simon Buchen SC (Senior counsel for the Commonwealth Crown) Rose Khalilizadeh (Junior counsel for the Commonwealth Crown)