R v Ho [2020] NSWDC 905

District Court New South Wales

Medium Neutral Citation: R v Ho [2020] NSWDC 905 Hearing dates: 4 June 2020 21 August 2020 Decision 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 Jinn Representation: Counsel: Crown: Mr Yaseen Shariff, Defence: Mr Michael McHugh SC; Mr Elliot Hyde