R v Fodera [2007] NSWSC 1194

New South Wales Supreme Court

CITATION : R v Fodera [2007] NSWSC 1194

HEARING DATE(S) : 11/10/07

JUDGMENT DATE : 6 November 2007

JUDGMENT OF : Bell J at 1

DECISION : Sentenced to imprisonment for three years and four months to date from 9 November 2008. That sentence will expire on 8 March 2012. In relation to the federal sentence presently being served and the sentence that is imposed, fix a single non-parole period of three years to date from 10 May 2007. The non-parole period will expire on 9 May 2010

CATCHWORDS : Sentence - executive director of public company - whether conduct knowingly or recklessly dishonest

LEGISLATION CITED : Corporations Act 2001 Crimes Act 1914

DPP v Bulfin [1998] 4 VR 114 Director of Public Prosecutions (Cth) v El Karhani (1990) 21 NSWLR 370 CASES CITED : R v Pantano (1990) 49 A Crim R 328 R v Peters (1998)192 CLR 493 R v Williams [2005] NSWSC 315; 152 A Crim R 548 Wong v R (2001) 207 CLR 584

PARTIES : Regina Dominic Fodera (Offender)

FILE NUMBER(S) : SC 2006/00003738

COUNSEL : T Game SC / R Beech-Jones SC (Crown) T Tobin QC / J Castaldi (Offender)

SOLICITORS : Cth DPP Dibbs Abbott Stillman (Offender)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

BELL J

Tuesday 6 November 2007

2006/00003738 R v Dominic Fodera

JUDGMENT 1 BELL J: On 26 September 2007 Dominic Fodera pleaded guilty to an indictment charging him that between 1 July and 9 September 1999 at Sydney being of officer of HIH Insurance Ltd (HIH) he: (1) Knowingly or recklessly failed to act honestly in the exercise of his powers and the discharge of the duties of his office; and (2) Did so dishonestly and intending to gain, directly or indirectly, an advantage for HIH, namely a beneficial accounting treatment.