R v Hopkins [2021] NSWDC 410

District Court New South Wales

Medium Neutral Citation: R v Hopkins [2021] NSWDC 410 Hearing dates: 22 April 2021; 25 May 2021 Decision date: 25 May 2021 Jurisdiction: Criminal Before: GD Woods QC ADCJ Decision: With the application of 25% discount the offender is sentenced to an aggregate term of imprisonment for 6 years. There is to be a non-parole period of 4 years. Catchwords: CRIMINAL LAW - Sentence – Fraud – s 1041G Corporations Act (Cth) - Totality - Financial misbehaviour – Misappropriation and wrongful movement of monies – Ponzi type fraud – Financial service provider – Early guilty plea – Cooperation with ASIC – Position of trust – Deceptive behaviour – Mental condition contributing to misbehaviour Legislation Cited: Commonwealth Corporations Act 2001 Commonwealth Crimes Act Crimes Act 1914 Crimes (Sentencing Procedure) Act Cases Cited: Beattie v The Crown [2017] NSWCCA 301 Kannis v The Crown [2020] NSWCCA 79. Pearce v The Queen [1998] HCA 57; (1998) 194 CLR 610 Category: Sentence Parties: Australian Securities Investment Commission Ross Andrew Hopkins Representation: Counsel: Mr S Boland – The offender

Solicitors: Director for Public Prosecution (Cth) NYST Legal – The Offender File Number(s): 2020/00313973 Publication restriction: There is to be no publication of the names of the victims of these offences or of any material which may tend to identify those victims. There is to be no publication of the name of the accused's daughter.