NSW Caselaw
New South Wales Supreme Court
CITATION : Regina (Commonwealth) v Dominic FODERA [2007] NSWSC 1242
HEARING DATE(S) : 5, 6, 7, 8, 9, 12, 13, 14, 15, 19, 20, 21, 22, 26, 27, 28, 29, 30 March, 2 , 3, 4, April, 2007
JUDGMENT DATE : 7 June 2007
JUDGMENT OF : Latham J
DECISION : Sentenced to imprisonment for three (3) years, to date from 10 May 2007, expiring on 9 May 2010. I order your release on 9 May 2009, upon your giving security, yourself, in the sum of $10,000, without surety, by way of recognisance that you will be of good behaviour during the balance of your term
CATCHWORDS : SENTENCE - Authorising issue of a Prosectus from which there was a material omission - s 996(1)(b)(ii) of Corporations Law - dishonesty as opposed to recklessness - general deterrence - extra curial punishment
Corporations Law LEGISLATION CITED : Crimes Act 1914 Insurance Act 1973
R v Wiliams (2005) 152 A Crim R 548 ; [2005] NSWSC 315 R v El Karhani (1990) 21 NSWLR 370 R v Thomas (1997) 96 A Crim R 32 R v Pantano (1990) 49 A Crim R 328 CASES CITED : R v Rivkin [2004] NSWCCA 7 R v Brown [2002] VSCA 99 DPP v Buffin [1998] 4 VR 114 Cheung v The Queen (2001) 209 CLR 1 R v Doff [2005] 54 ACSR 200 ; [2005] NSWCCA 119
PARTIES : Regina - Commonwealth Director of Public Prosecutions Offender - Dominic Fodera
FILE NUMBER(S) : SC 1714/2006
COUNSEL : Regina - AJ MacSporran SC/GP Long SC/ LA Clegg Fodera - GP Ellis/SP Lo Schiavo
SOLICITORS : Regina - Solicitor for the Commonwealth Director of Public Prosecutions Fodera - Dibbs Abbott Stillman
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