R v Dulhunty; R v Roach [2015] NSWSC 1747

Supreme Court New South Wales

Medium Neutral Citation: R v Dulhunty; R v Roach [2015] NSWSC 1747 Hearing dates: 26 and 27 October 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Common Law Before: Bellew J Decision: See [115] and [116] Catchwords: CRIMINAL LAW – Sentence – Conspiracy – Manipulation of share price by two directors of a publicly listed company – Where offending involved multiple trades and substantial monetary investment – Whether the actions of another investor mitigated the offending – Where offenders were not motivated by immediate personal gain but would likely have derived benefit in the longer term – Where neither offender had any prior convictions – Where there was extra curial punishment in the case of each offender in terms of loss of career – Good prospects of rehabilitation in each case – No real likelihood of further offending – Expressions of remorse by each offender – Early plea of guilty in each case - Where counsel for each offender accepted that a sentence of imprisonment was warranted but submitted that each offender should be immediately released on a recognisance or considered for some other sentencing option which did not require actual full time custody – Where Crown submitted that any sentence of imprisonment which was imposed should require a period of actual full time custody to be served by each offender – Where offending was serious and sustained over a long period - Necessity to maintain the integrity of financial markets – Importance of general deterrence – Term of imprisonment imposed in each case requiring a period of actual custody to be served Legislation Cited: Corporations Act 2001 (Cth) Criminal Code Act 1995 (Cth Crimes Act 1914 (Cth) Cases Cited: Cameron v R [2002] HCA 6; (2002) 209 CLR 339 Cappis v R [2015] NSWCCA 138 Danial v R [2008] NSWCCA 15 DPP (Cth) v Gow [2015] NSWCCA 208 Hili v R; Jones v R [2010] HCA 45; (2010) 242 CLR 520 McMahon v R [2011] NSWCCA 147 Pearce v R [1998] HCA 57; (1999) 194 CLR 610 R v Boulden [2006] NSWSC 1274 R v Hinchcliffe [2013] NSWCCA 327 R v Jacobson [2014] VSC 592 R v Kennedy [2000] NSWCCA 527 R v Olbrich [1999] HCA 54; (1999) 199 CLR 270 R v Pogson, Lapham and Martin [2012] NSWCCA 225; (2012) 82 NSWLR 60 R v Storey [1998] 1 VR 359 R v Zerafa [2013] NSWCCA 222; (2013) 235 A Crim R 265 Tyler v R; R v Chalmers [2007] NSWCCA 247; (2007) 173 A Crim R 458 Category: Principal judgment Parties: Regina - Crown Peter Roach - Offender Robert Venour Dulhunty - Offender Representation: Counsel: S Rushton SC - Crown H Dhanji SC and R Pontello - Offender Roach M Thangaraj SC – Offender Dulhunty