R v Joffe; R v Stromer [2015] NSWSC 741

Supreme Court New South Wales

Medium Neutral Citation: R v Joffe; R v Stromer [2015] NSWSC 741 Hearing dates: 25, 26, 28 May 2015 Decision date: 12 June 2015 Before: R A Hulme J Decision: Joffe: Count 1: sentenced to imprisonment for 1 year 3 months dating from 12 June 2015. Count 2 (and taking into account the offence on the s 16BA Form): sentenced to imprisonment for 1 year 9 months dating from 12 December 2015. Order the offender's release forthwith on recognizance upon giving security without surety in the sum of $1000 upon the condition that he be of good behaviour for a period of 2 years 3 months from 12 June 2015.

Stromer: Count 3: sentenced to imprisonment for 1 year 3 months dating from 12 June 2015. Count 4: sentenced to imprisonment for 1 year 6 months dating from 12 December 2015. Order the offender's release forthwith on recognizance upon giving security without surety in the sum of $1000 upon the condition that he be of good behaviour for a period of 2 years from 12 June 2015. Catchwords: CRIMINAL LAW – sentence - insider trading offences – co-offenders – guilty pleas – offences assessed below the midrange of seriousness and just within midrange of seriousness – whether full time custody appropriate - where offenders have strong subjective cases – relevance of delay in investigation and prosecution of offences – impact of mental health issues on moral culpability – sentences partially accumulated – suspended sentences imposed Legislation Cited: Corporations Act 2001 (Cth) Div 3 Pt 7.10, ss 1043A(1)(c) 1043A(1)(d), 1311(1) Crimes Act 1914 (Cth) ss 17A, 16A(1) Proceeds of Crime Act 2002 (Cth) s 320(a) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa [2010] NSWCCA 194; 79 NSWLR 1 DSJ v R; NS v R [2012] NSWCCA 9 DSJ v R; NS v R [2014] NSWCCA 77 Hartman v DPP [2011] NSWCCA 261; 87 ACSR 52 Hili v The Queen; Jones v The Queen [2010] HCA 45; 242 CLR 520 Joffe v R; Stromer v R [2012] NSWCCA 277 Joffe v The Queen; Stromer v The Queen [2013] HCATrans 109 Khoo v R [2013] NSWCCA 323 R v Doff [2005] NSWCCA 119; 54 ACSR 200 R v Hill; R v Kamay [2015] VSC 86 R v McKay [2007] NSWSC 275; 61 ACSR 470 R v Rivkin [2003] NSWSC 447; 198 ALR 400 Category: Sentence Parties: Regina Daniel Shayne Joffe Nathan Stromer Representation: Counsel: Mr S Rushton SC with Mr R Ranken (Crown) Mr T Game SC with Ms G Bashir SC (Joffe) Mr H Dhanji SC with Mr S Buchen (Stromer)