R v ZHU, Bo Shi [2013] NSWSC 127

Supreme Court New South Wales

Medium Neutral Citation: R v ZHU, Bo Shi [2013] NSWSC 127 Hearing dates: 23 November 2012 Decision date: 15 February 2013 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Convicted of the offence of insider trading. (1) In respect of the offences committed between 6 November 2006 and 23 November 2007, whilst employed by Caliburn Partnership Pty Ltd contrary to s 1043A(1)(d) and s 1311(1)(a) of the Corporations Act 2001 (Cth), sentenced to a term of imprisonment of 6 months to commence on 15 February 2013 and to expire on 14 August 2013. (2) In respect of the offences committed between 21 January 2008 and 9 July 2010, whilst employed by Credit Suisse Management (Australia) Pty Ltd, contrary to s 1043(1)(d) and s 1311(1)(a) of the Corporations Act 2001 (Cth), sentenced to a fixed term of imprisonment of 3 months to commence on 15 February 2013 and to expire on 14 May 2013. (3) In respect of the offences committed between 17 July 2010 and 29 September 2011, whilst employed by Hanlong Mining Investments Pty Ltd contrary to the provisions of s 1043A(1)(d) and s 1311(1)(a) of the Corporations Act 2001 (Cth), sentenced to a term of imprisonment of 2 years to commence on 15 May 2013 and to expire on 14 May 2015. Direct that the Offender be released on 14 May 2014 at the expiration of 12 months of that sentence on a recognisance that he be of good behaviour during the balance of the term upon him giving security in the sum of $1,000 without surety. Catchwords: CRIMINAL LAW - section 1043A(1)(d) Corporations Act 2001 (Cth) - insider trading - sentencing principles for such offences - mitigating factors - unethical work environment - factors relevant to imposition of a custodial sentence Legislation Cited: Corporations Act 2001 (Cth) Crimes (Sentencing Procedure) Act 1999 Crimes Act 1914 (Cth) Proceeds of Crime Act Cases Cited: Braun v R (2008) 190 A Crim R 497; [2008] NSWCCA 269 DPP v O'Riley [2010] VSC 138 Hartman v R (2011) 87 ACSR 52; [2011] NSWCCA 261 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 85 ALJR 195 Pearce v The Queen (1998) 194 CLR 610 R v DeSilva [2011] NSWSC 243 R v DeSilva [2011] NSWSC 243 R v Doff (2005) 55 ACSR 200; [2005] NSWCCA 119 R v Doff (2005) ACLR 317; [2005] NSWSC 50 R v Firns [2001] 51 NSWLR 548 R v Hartman [2010] NSWSC 1422 R v Hartman [2011] NSWCCA 261 R v McKay (2007) ACSR 470 R v McQuoid [2009] EWCA Crim 131; [2009] 4 All Eng 388 R v Pantano (1990) 48 A Crim R 328 R v Rivkin (2003) 198 ALR 400; 45 ACSR 366; [2003] NSWSC 447 R v Rivkin [2003] NSWCCA 307 R v Agius; R v Zerafa [2012] NSWSC 978 R v Bateson [2011] NSWSC 643 R v de Silva [2011] NSWSC 243 Texts Cited: Report of the House of Representatives Standing Committee on Legal and Constitutional Affairs, Fair Shares For All, Insider Trading in Australia, AGPS, Canberra, 1989, (the Griffiths Report) Category: Sentence Parties: Regina (Crown) Bo Shi Zhu (Offender) Representation: Counsel: D Staehli SC (Crown) M Thangaraj (Offender) Solicitors: Commonwealth Director of Public Prosecutions (Crown) Watson Mangioni Lawyers Pty Ltd (Offender) File Number(s): 2012/222808