R v Falconer [2018] NSWSC 1765

R v Falconer [2018] NSWSC 1765

The offences warranted full-time imprisonment because the offender, a director and company secretary of a public company, dishonestly abused a position of considerable trust over an extended period, caused or permitted false accounting to conceal transactions, personally gained substantial sums, facilitated benefits to Sigalla and related entities, and authorised materially false or misleading ASX reports. General deterrence and punishment were very significant; mitigation from contrition, guilty pleas, age, health, reparation, rehabilitation prospects, and parity did not make any non-custodial sentence appropriate.

Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Criminal Sentence / Sentencing After Guilty Pleas to Six Counts on the Indictment
Outcome
Convicted on each of the six counts and sentenced to an overall effective term of imprisonment of 4 years and 6 months with a non-parole period of 3 years.
Legal Topics
['dishonest Use of Position as a Director' 'false or Misleading Information to Asx' 'general Deterrence' 'guilty Plea Discount' 'parity With Co Offender' 'objective Seriousness' 'contrition and Rehabilitation']
['criminal Law' 'corporations Law' 'sentencing'] ['dishonest Use of Position as a Director' 'false or Misleading Information to Asx' 'general Deterrence' 'guilty Plea Discount' 'parity With Co Offender' 'objective Seriousness' 'contrition and Rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentence / Sentencing After Guilty Pleas to Six Counts on the Indictment

Legal Issues

  1. 1 ['What sentences should be imposed for five offences contrary to s 184(2) of the Corporations Act 2001 (Cth) and one offence contrary to s 1309(1) of the Corporations Act 2001 (Cth).' "Whether the offender's post-offence involvement in the false mandate letter should increase the objective seriousness of the offences." 'What weight should be given to contrition, cooperation, guilty pleas, prior good character, age, health, rehabilitation prospects, delay, extra-curial punishment and automatic disqualification from managing corporations.' 'How parity with the co-offender Sigalla should affect sentence.' 'Whether any sentence other than full-time imprisonment was appropriate under s 17A of the Crimes Act 1914 (Cth).']

Ratio Decidendi

The offences warranted full-time imprisonment because the offender, a director and company secretary of a public company, dishonestly abused a position of considerable trust over an extended period, caused or permitted false accounting to conceal transactions, personally gained substantial sums, facilitated benefits to Sigalla and related entities, and authorised materially false or misleading ASX reports. General deterrence and punishment were very significant; mitigation from contrition, guilty pleas, age, health, reparation, rehabilitation prospects, and parity did not make any non-custodial sentence appropriate.

Court Disposition

Convicted on each of the six counts and sentenced to an overall effective term of imprisonment of 4 years and 6 months with a non-parole period of 3 years.

Orders

  • ['The offender is convicted of each of the 6 counts on the indictment.' 'For count 1, a sentence of imprisonment of 2 years and 3 months, commencing on 1 June 2017.' 'For count 2, a sentence of imprisonment of 2 years, commencing on 1 October 2017.' 'For count 3, a sentence of imprisonment of 1 year and 10 months,...