R v Hartman [2010] NSWSC 1422

Reported Decision : 81 ACSR 121

New South Wales Supreme Court

CITATION : R v Hartman [2010] NSWSC 1422

HEARING DATE(S) : 22 November 2010

JUDGMENT DATE : 2 December 2010

JURISDICTION : Criminal

JUDGMENT OF : McClellan CJatCL

In relation to count 1, having regard to the matters on the schedule 1 annexed to these remarks, I sentence you to a term of imprisonment of three years commencing on 2 December 2010 and expiring on 1 December 2013. In relation to counts 2 to 19 I sentence you to a term of two years imprisonment, each term to commence on 2 December 2010 and expire on 1 December 2012. DECISION : In relation to count 20, having regard to the schedule offences in respect of that count, I sentence you to a term of two years imprisonment to commence on 2 June 2013 and expiring on 1 June 2015. In relation to counts 21 to 25 I sentence you to a term of eighteen months imprisonment to commence on 2 June 2013 and expire on 1 December 2014. The overall term of the sentence is 4½ years. A non-parole period of three years commencing on 2 December 2010 and expiring on 1 December 2013 on which day the offender will be eligible for release to parole.

CATCHWORDS : CRIMINAL LAW - sentence - plea of guilty to insider trading and tipping offences in contravention of s 1043A(1) and 1043A(2) of the Corporations Act 2001 (Cth) - nature of criminality involved buying and selling Contracts for Difference in shares of an entity on the personal market account of the offender whilst possessing information concerning the proposed intention of offender's employer in shares of the particular entity - offender passed on inside information obtained during employment to a friend who used the information to acquire and dispose of financial products - application of Ellis discount - significance of general deterrence with respect to white collar crime offences