NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Heath [2015] NSWDC 282 Hearing dates: 27 August 2015 Decision date: 25 September 2015 Jurisdiction: Criminal Before: King DCJ Decision: Count 2 (Matched Trades Offence): Sentenced to a term of imprisonment of 18 months commencing 25 September 2015 and expiring on 24 March 2017
Count 1 (Market Manipulation Offence) Sentenced to a term of imprisonment of two years to commence three months on 25 December 2015, and to expire on 24 December 2017.
After serving 9 months, to be released on a recognisance release order in the sum of $10,000 without surety, to be of good behaviour for a period of 18 months Catchwords: Commonwealth sentence – Share Trading – CFD Trading - Market Manipulation - s 1041A(c) – Matched Trades – create false and misleading appearance with respect to the price for trading in a financial product - s 1041B(1)(b) Legislation Cited: Corporations Act 2001 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) Crimes Act 1914 (Cth) Securities Industry Act 1970 (NSW) Cases Cited: North v Marra Developments Ltd (1981) 148 CLR 42 R v JM (2013) 87 ALJR 836 Khoo v R [2013] NSWCCA 323 Category: Sentence Parties: Regina (Crown) Nigel Derek Heath (Offender) Representation: Counsel: Mr M Thangaraj SC (Offender) Ms L Gallagher (Crown Cth)
Solicitors: Watson Mangioni (Offender) File Number(s): 2014/00274829
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