NSW Caselaw
New South Wales Supreme Court
CITATION : R v Cassidy [2005] NSWSC 410
HEARING DATE(S) : 19 April 2005
JUDGMENT DATE : 29 April 2005
JUDGMENT OF : Wood CJatCL at 1
DECISION : HIS HONOUR: Terence Kevin Cassidy, in relation to each of the counts contained in the indictment presented by the Director of Public Prosecutions for New South Wales, I sentence you to fixed terms of imprisonment for 9 months to be served concurrently, to date from today, and to expire on 28 January 2006. I decline to fix a non-parole period by reason of the sentence which I will pass in relation to the Commonwealth count.; In relation to the count contained in the indictment presented by the Director of Public Prosecutions for the Commonwealth I sentence you to a term of imprisonment for 12 months, to commence on 29 July 2005, and to expire on 28 July 2006. In relation to that count I make an order that you be released on 28 February 2006, upon your giving security, yourself in the sum of $2500, without surety, by recognisance that you will be of good behaviour for a further period of 2 years from 28 February 2006.
CATCHWORDS : Criminal law - corporate crime - HIH insurance group - director's duties - guilty plea - financial advantage - false and misleading statements - recklessness - objective criminality - public confidence in securities and equities market - general deterrence.
Corporations Act 2001 (Cth) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Insurance Act 1973 (Cth)
Cameron v The Queen (2002) 209 CLR 339 DDP v Bulfin (1998) 4 VR 114 DPP (Cth) v El Karhani (1990) 21 NSWLR 370 Johnson v The Queen (2004) 78 ALJR 616 Pearce v The Queen (1998) 194 CLR 610 R v Adler [2005] NSWSC 274 R v Cartwright (1989) 17 NSWLR 243 R v Chu NSWCCA 16 October 1998 R v Corner NSWCCA 19 December 1997 R v Ellis (1986) 6 NSWLR 603 CASES CITED : R v El-Rashid NSWCCA 7 April 1995 R v Hallocoglu (1992) 29 NSWLR 67 R v Kearns [2003] NSWCCA 367 R v Pantano (1990) 49 A Crim R 328 R v Pont (2000) 121 A Crim R 302 R v Rivkin [2004] NSWCCA 7 R v Strano [2002] NSWCCA 531 R v Thomson and Houlton (2000) 49 NSWLR 383 R v Waqa (No 2) [2005] NSWCCA 33 R v Williams [2005] NSWSC 315 Wong and Leung v The Queen (2001) 207 CLR 584
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