R v Curtis (No 3) [2016] NSWSC 866

R v Curtis (No 3) [2016] NSWSC 866

A sentence of two years' imprisonment with release after one year was imposed because the offence was of high objective seriousness, general deterrence was the primary sentencing consideration, and the facts did not warrant a wholly non-custodial or suspended sentence, notwithstanding evidence of some rehabilitation, reparation, and delay.

Parties
Offender: Oliver Peter Curtis; Crown: Regina
Jurisdiction
Australia
Judgment Date
24 June 2016
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to two years' imprisonment with release after one year upon recognisance.
Legal Topics
Conspiracy, Insider Trading, Sentencing, General Deterrence, White Collar Crime
Criminal Law Conspiracy Insider Trading Sentencing General Deterrence White Collar Crime

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Parties

Oliver Peter Curtis

Offender

Regina

Crown

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for conspiracy to commit insider procuring contrary to ss 1311(1)(a) and 1043A(1)(d) of the Corporations Act 2001 (Cth)
  2. 2 Assessment of objective seriousness and relevant mitigating/aggravating circumstances
  3. 3 Consideration of delay, contrition, rehabilitation, general deterrence in white-collar sentencing

Ratio Decidendi

A sentence of two years' imprisonment with release after one year was imposed because the offence was of high objective seriousness, general deterrence was the primary sentencing consideration, and the facts did not warrant a wholly non-custodial or suspended sentence, notwithstanding evidence of some rehabilitation, reparation, and delay.

Court Disposition

Convicted and sentenced to two years' imprisonment with release after one year upon recognisance.

Orders

  • Convict Oliver Peter Curtis of conspiracy to commit insider procuring contrary to ss 1311(1)(a) and 1043A(1)(d) of the Corporations Act 2001 (Cth)
  • Sentence to two years' imprisonment commencing 24 June 2016 and expiring on 23 June 2018