R v Hull [2016] NSWSC 634

Supreme Court New South Wales

Medium Neutral Citation: R v Hull [2016] NSWSC 634 Hearing dates: 17 March 2016 Date of orders: 03 June 2016 Decision date: 03 June 2016 Jurisdiction: Common Law Before: Davies J Decision: (a) in respect of Count 1 on the indictment I sentence you to a period of imprisonment of six months commencing 3 June 2016 and expiring 2 December 2016;

(b) in respect of Count 2 I sentence you to a period of imprisonment of ten months commencing 3 September 2016 and expiring 2 July 2017;

(c) in respect of Count 3 and taking into account the offence on the s 16BA schedule I sentence you to a period of eleven months commencing 3 December 2016 and expiring 2 November 2017.

(d) I order that you be released after serving a period of seven months imprisonment upon giving security by way of recognisance in the sum of $1,000 to be of good behaviour for a period of 18 months commencing on 2 January 2017. Catchwords: CRIMINAL LAW – sentence – insider trading offences – guilty pleas – offences assessed below the midrange of seriousness – offender as tippee – offending over a five month period – three different target companies – substantial investments - early pleas and co-operation with law enforcement agencies – effect of sentence on family of offender - exceptional circumstances demonstrated – wife's serious mental health issues – offender not an Australian citizen and liable to deportation – remorse demonstrated – strong subjective case - sentence of imprisonment warranted Legislation Cited: Corporations Act 2001 (Cth) Court Suppression and Non-publication Orders Act 2010 (NSW) Crimes Act 1914 (Cth) Migration Act 1958 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Director of Public Prosecutions v Zhuang [2015] VSCA 96 DPP (Cth) v Gregory [2011] VSCA 145; [2011] 34 VR 1; 211 A Crim R 147 Kamay v R [2015] VSCA 296; (2015) 109 ACSR 611 Khoo v R [2013] NSWCCA 323; (2013) 237 A Crim R 221 Markovic v The Queen [2010] VSCA 105; (2010) 200 A Crim R 510 R v Glynatsis [2013] NSWCCA 131; (2013) 230 A Crim R 99 R v Hartman [2010] NSWSC 1422; (2010) 81 ACSR 121 R v Jones [2004] VSCA 68 R v Pogson, Lapham & Martin [2012] NSWCCA 225; (2012) 82 NSWLR 60 R v Richard [2011] NSWSC 866 R v Scook [2008] WASCA 114 R v Zerafa [2013] NSWCCA 222; (2013) 235 A Crim R 265 Sabra v R [2015] NSWCCA 38 Category: Principal judgment Parties: Crown Michael William Hull Representation: Counsel: L Crowley (Crown) T Game SC & S Buchen (Offender)