Hartman v R [2011] NSWCCA 261

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Hartman v R [2011] NSWCCA 261 Hearing dates: 9 November 2011 Decision date: 07 December 2011 Before: Whealy JA Adams J Latham J Decision: The orders of the Court are:- 1. Leave to appeal is granted. 2. The appeal is allowed and the sentences passed upon the offender on 2 December 2010 are quashed. 3. In lieu thereof, the following sentences are imposed:- (a) In relation to count 1, having regard to the Schedule of offences, the offender is sentenced to a term of imprisonment of 2 1/2 years commencing on 2 December 2010 and expiring on 1 June 2013. (b) In relation to counts 2-19, the offender is sentenced to a term of imprisonment for 2 years, each term to commence on 2 December 2010 and expiring on 1 December 2012. (c) In relation to count 20, having regard to the Schedule of offences, the offender is sentenced to a term of imprisonment for 18 months commencing on 2 June 2012 and expiring on 1 December 2013. (d) In relation to counts 21-25, the offender is sentenced to a term of imprisonment of 16 months, each term to commence on 2 June 2012 and expiring on 1 October 2013. (e) We specify a single pre-release period of imprisonment of 15 months to commence on 2 December 2010 and to expire on 1 March 2012. We order that, upon the expiry of the 15 month period of imprisonment specified, the offender be released upon his entering into a recognisance self in the sum of $1,000 to observe and comply with the conditions set out in the document annexed hereto and marked "A". In compliance with the provisions of s 20 Crimes Act 1914 (Cth), the obligation to so observe and comply will be for a period of 18 months from 1 March 2012. Catchwords: CRIMINAL LAW - Sentencing appeal - insider training offences - error by trial Judge in reflecting assistance to authorities CRIMINAL LAW - matters relevant to re-sentence - need for general deterrence in insider trading offences - subjective circumstances - co-operation with authorities - future assistance - whether psychiatric condition relevant - whether connected to offences - gambling addiction - remorse - rehabilitation - Ellis discount Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth), s 13 Corporations Act 2001 (Cth), ss 1043A(1), (2), 1311(1) Crimes Act 1914 (Cth), ss 16A, 16BA, 19AC, 21E Criminal Appeal Act 1912, s 6(3) Proceeds of Crime Act 2002 (Cth) Cases Cited: BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379 DPP (Cth) v De La Rosa (2010) 205 A Crim R 1; [2010] NSWCCA 194 Director of Public Prosecutions (Cth) v El Karhani (1990) 21 NSWLR 370; A Crim R 123 Hili v R (2010) 85 ALJR 196 Johnson v the Queen (2004) 78 ALJR 616 KT v R [2008] NSWCCA 51; (2008) 182 A Crim R 571 Lodhi v The Queen [2007] 179 A Crim R 470 McQuoid [2010] 1 Cr App R (S) 43 MS2 and Ors v Regina [2005] NSWCCA 397; (2005) 158 A Crim R 93 R v Ellis (1986) 6 NSWLR 603 R v Hartman (2010) 81 ACSR 121; [2010] NSWSC 1422 R v Hearne [2001] NSWCCA 37; (2001) 124 A Crim R 451 R v Letteri (NSW CCA unreported 18 March 1992) R v Rollins [2011] EWCA Crim 1825 R v Wright (1997) 93 A Crim R 48 Category: Principal judgment Parties: Applicant - John Joseph Hartman Respondent - Commonwealth Director of Public Prosecutions Representation: Applicant - Mr T Game SC/S Buchen Crown - Mr R Beech-Jones SC Applicant - Johnson Winter Slattery Crown - Commonwealth Director of Public Prosecutions File Number(s): CCA 2010/65592 Decision under appeal Citation: R v Hartman (2010) 81 ACSR 121; [2010] NSWSC 1422 Date of Decision: 2010-12-02 00:00:00 Before: McClellan CJ at CL File Number(s): 2010/65592