R v Sigalla No 6) [2016] NSWSC 1922

Supreme Court New South Wales

Medium Neutral Citation: R v Sigalla No 6) [2016] NSWSC 1922 Hearing dates: 22 November 2016 Date of orders: 22 November 2016 Decision date: 22 November 2016 Jurisdiction: Common Law Before: Adamson J Decision: 1. Detention application granted.

2. Bail revoked. Catchwords: CRIMINAL LAW – detention application sought by Crown after guilty verdicts returned on 24 counts – prospect of custodial sentence imposed on offender – detention application granted – bail revoked Legislation Cited: Bail Act 2013 (NSW), s 17(2)(a), s 18(1) Corporations Act 2001 (Cth), s 184(2)(a) Cases Cited: Nil Category: Procedural and other rulings Parties: Regina Andrew John Sigalla Representation: Counsel: P McDonald SC/ S Callan (Crown) W P Brewer (Offender)

Solicitors: Commonwealth Director of Public Prosecutions (Crown) Brendan Pigott (Offender) File Number(s): 2013/1511552013/355116 Publication restriction: Nil

EX TEMPORE JUDGMENT

Introduction 1. Verdicts of guilty having been returned this afternoon in respect of each of the 24 counts on the indictment of offences contrary to s 184(2)(a) of the Corporations Act 2001 (Cth), the Crown has made a detention application under s 50 of the Bail Act 2013 (NSW) and has submitted that bail ought be revoked in light of the jury's verdicts.

Parties' submissions

Crown's submissions 1. It has been submitted by Madam Crown that the circumstances of the verdicts of 24 counts, each of which carries a maximum penalty of five years imprisonment, would attract a sentence which would require Mr Sigalla to spend a substantial period in full-time custody. Further, the Crown submitted that, while Mr Sigalla might not have presented a flight risk pending the verdicts, the verdicts change the balance significantly and provide an increased incentive for Mr Sigalla not to turn up for the sentence hearing. The Crown also submitted that, as the more recent bail conditions have indicated, Mr Sigalla has been living in hotels (the Westin Hotel and, more recently, the Sheraton on the Park) and apparently has access to some funds, which could be used to assist his flight.