R v GLYNATSIS [2013] NSWCCA 131

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v GLYNATSIS [2013] NSWCCA 131 Hearing dates: 20 May 2013 Decision date: 07 June 2013 Before: Hoeben CJ at CL at [1] Rothman J at [78] McCallum J at [79] Decision: Crown appeal allowed. Sentences passed on the respondent on 12 December 2012 are quashed. In lieu thereof, the respondent is sentenced as follows: (a) With respect to each of the insider trading offences contained in Counts 1 to 5 on the indictment, the respondent is sentenced to imprisonment for a period of 15 months, commencing 12 December 2012 and expiring on 11 March 2014. (b) With respect to each of the insider trading offences contained in Counts 6 to 9 on the indictment, the respondent is sentenced to imprisonment for a period of 12 months, commencing 12 September 2013 and expiring on 11 September 2014. (c) The Court directs that the respondent be released on 11 December 2013 being 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 a security in the sum of $1,000 without surety. Catchwords: CRIMINAL LAW - sentence appeal - insider trading - offending took place over 12 months - sentenced to imprisonment for 2 years to be served by Intensive Correction Order (ICO) - Crown appeal - whether irrelevant matters taken into account on sentence - whether adequate regard had to general deterrence - whether principle of totality observed - whether sentences imposed manifestly inadequate - error identified - need to re-sentence to a term of full time custody. Legislation Cited: Corporations Act 2001 (Cth) - ss1043A(1), 1311(1) Crimes Act 1914 (Cth) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Pearce v R [1998] HCA 57; 194 CLR 610 R v Bateson [2011] NSWSC 643 R v Dalzell [2011] NSWSC 454; 83 ACSR 407 R v El Kahani (1990) 21 NSWLR 370 at 377 R v McKay [2007] NSWSC 275; 61 ACSR 470 R v Nguyen [2004] NSWCCA 332; 149 A Crim R 343 R v O'Brien [2011] NSWSC 1553; 91 ACSR 374 R v Pantano [1990] 49 A Crim R 328 at 330 R v Pogson; R v Lapham; R v Martin [2012] NSWCCA 225 R v Thomas [1998] 3 VR 188 Regina v Robert Bart Doff [2005] NSWSC 50; 23 ACLC 317 Regina v Shawn Darrell Richard [2011] NSWSC 866 Regina v Zamagias [2002] NSWCCA 17 Category: Principal judgment Parties: Commonwealth Crown - Appellant Nicholas Glynatsis - Respondent Representation: Counsel: Mr R Bromwich SC/Mr R Ranken - Appellant Mr D Fagan SC/Mr T Saunders - Respondent Solicitors: Commonwealth Director of Public Prosecutions - Appellant Cleary Finlay - Respondent File Number(s): 2011/395328 Decision under appeal Date of Decision: 2012-12-12 00:00:00 Before: Johnson J File Number(s): 2011/395328