R v Donaldson [2019] NSWDC 85

District Court New South Wales

Medium Neutral Citation: R v Donaldson [2019] NSWDC 85 Hearing dates: 8, 11 February 2019 Date of orders: 11 February 2019 Decision date: 11 February 2019 Jurisdiction: Criminal Before: Neilson DCJ Decision: I sentence you to imprisonment for a period of one year and six months commencing today. Pursuant to s 20(1)(b) of the Crimes Act 1914 (Cth), I order that you be released forthwith upon giving security in the sum of $10,000 to be of good behaviour for a period of two years. Catchwords: CRIME – SENTENCE – COMMONWEALTH OFFENCE – Using position as employee dishonestly with the intention to gain an advantage for himself – Corporations Act 2001 (Cth) s 184(2)(a) – No evidence of monetary gain by offender or monetary loss by any victim – ASIC had disqualified offender permanently as a foreign exchange trader – Offender and family had suffered substantial losses as a result of offending conduct – Delay of 3.5 years in prosecution of offence Legislation Cited: Corporations Act 2001 (Cth) Crimes Act 1914 (Cth) Cases Cited: DPP (Cth) v Northcote [2014] NSWCCA 26 Kwok v R [2007] NSWCCA 281 R v Donald [2013] NSWCCA 238 R v Gray (Victorian County Court, 6 April 2006) R v Zerafa [2013] NSWCCA 222 Sabra v R [2015] NSWCCA 38 Scook v R (2018) 185 A Crim R 164 The Queen v Duffy (Victorian County Court 15 June 2005) The Queen v Fellowes [2018] QCA 238 Category: Sentence Parties: Regina (Crown) Andrew David Donaldson (Offender) Representation: Counsel: Mr S Howell (Crown) Mr S Buchen SC, with Mr D Randle (Offender)