R v Donaldson [2019] NSWDC 85

R v Donaldson [2019] NSWDC 85

The offence was below the midrange of objective seriousness because there was no proven monetary loss to Deutsche Bank, customers or shareholders, no quantified advantage actually obtained by the offender, the false entries were reversible, and the conduct was not highly planned or concealed. Although general deterrence was important for white collar crime and a sentence of imprisonment was required, the offender's early guilty plea, admissions and cooperation, prior good character, ruinous professional and personal consequences, permanent ASIC banning order, and dilatory prosecution delay justified reducing a two-year starting point by 25% to 18 months and ordering release forthwith on...

Jurisdiction
Australia
Judgment Date
11 February 2019
Procedural Posture
Criminal Sentence for Commonwealth Offence / Sentencing After Guilty Plea
Outcome
Convicted and sentenced to imprisonment for one year and six months, with release forthwith on recognizance upon giving security in the sum of $10,000 to be of good behaviour for two years.
Legal Topics
['dishonest Use of Position as Employee' 'commonwealth Offence' 'white Collar Crime' 'general Deterrence' 'delay in Prosecution' 'prior Good Character' 'release on Recognizance']
['criminal Law' 'sentencing' 'corporations Law'] ['dishonest Use of Position as Employee' 'commonwealth Offence' 'white Collar Crime' 'general Deterrence' 'delay in Prosecution' 'prior Good Character' 'release on Recognizance']

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Procedural Posture

Criminal Sentence for Commonwealth Offence / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for using a position as an employee dishonestly with the intention of directly or indirectly gaining an advantage for himself contrary to s 184(2)(a) of the Corporations Act 2001 (Cth).' 'Whether the offending was aggravated by breach of trust, duration, planning, premeditation or concealment.' 'Whether the absence of monetary loss to Deutsche Bank or customers and the lack of quantified advantage to the offender affected objective seriousness.' "Whether the offender's early guilty plea, cooperation, prior good character, ASIC permanent banning order, personal circumstances and prosecution delay mitigated sentence." 'Whether the sentence of imprisonment should require full-time custody or release forthwith on recognizance.']

Ratio Decidendi

The offence was below the midrange of objective seriousness because there was no proven monetary loss to Deutsche Bank, customers or shareholders, no quantified advantage actually obtained by the offender, the false entries were reversible, and the conduct was not highly planned or concealed. Although general deterrence was important for white collar crime and a sentence of imprisonment was required, the offender's early guilty plea, admissions and cooperation, prior good character, ruinous professional and personal consequences, permanent ASIC banning order, and dilatory prosecution delay justified reducing a two-year starting point by 25% to 18 months and ordering release forthwith on...

Court Disposition

Convicted and sentenced to imprisonment for one year and six months, with release forthwith on recognizance upon giving security in the sum of $10,000 to be of good behaviour for two years.

Orders

  • ['Andrew David Donaldson was convicted of using his position as an employee of Deutsche Australia Limited dishonestly with the intention of directly or indirectly gaining an advantage for himself.' 'He was sentenced to imprisonment for a period of one year and six months commencing on 11 February 2019.' 'Pursuant to...