R v Moylan [2014] NSWSC 944

Supreme Court New South Wales

Medium Neutral Citation: R v Moylan [2014] NSWSC 944 Hearing dates: 11 July 2014 Decision date: 25 July 2014 Jurisdiction: Common Law - Criminal Before: Davies J Decision: 1. The Offender is sentenced to imprisonment for 1 year and 8 months. 2. I order that you be immediately released upon giving security by way of recognisance in the sum of $1000 to be of good behaviour for a period of 2 years commencing today. Catchwords: CRIMINAL LAW - sentence - disseminate false information likely to induce persons to dispose of financial products - offender publishes hoax media release purportedly by ANZ Banking Group announcing withdrawal of facility to mining company - offender an activist against mining project - share price in mining company drops - investors lose money - offender admits hoax a short time later - whether offender intended damage to shareholders - offences involving market manipulation - whether imprisonment appropriate Legislation Cited: Corporations Act 2001 (NSW), s 1041E Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth) Cases Cited: Danial v R [2008] NSWCCA 15 Hartman v R [2011] NSWCCA 261 Joffe v R; Stromer v R [2012] NSWCCA 277; (2012) 82 NSWLR 227 Khoo v R [2013] NSWCCA 323 R v Jones [2007] 1 AC 136 R v Rivkin [2003] NSWSC 447 Category: Principal judgment Parties: Crown (Plaintiff) Jonathan Moylan (Defendant) Representation: Counsel: D Staehli SC & W R Ranken (Crown) R Sutherland SC & D Randle (Defendant) Solicitors: Commonwealth Director of Public Prosecutions (Crown) Armstrong Legal (Defendant) File Number(s): 2013/200731