Commonwealth Director of Public Prosecutions v Robert Bart Doff [2005] NSWSC 51

Commonwealth Director of Public Prosecutions v Robert Bart Doff [2005] NSWSC 51

The defendant had been convicted of insider trading, an indictable offence punishable by up to five years imprisonment and therefore a serious offence, and he received a benefit equivalent to the $67,255.75 proceeds derived by Jetoten Pty Limited because that company was under his control. The pecuniary penalty...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 February 2005
Procedural Posture
Application for a Pecuniary Penalty Order Under S116 Proceeds of Crime Act 2002 / After Jury Conviction for Insider Trading and Sentence Imposed
Outcome
Defendant ordered to pay to the Commonwealth of Australia a pecuniary penalty of $37,255.75.
Legal Topics
['pecuniary Penalty Order' 'insider Trading' 'benefits Derived From Indictable Offence' 'serious Offence' 'deduction for Fine']
['criminal Law' 'proceeds of Crime'] ['pecuniary Penalty Order' 'insider Trading' 'benefits Derived From Indictable Offence' 'serious Offence' 'deduction for Fine']

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Procedural Posture

Application for a Pecuniary Penalty Order Under S116 Proceeds of Crime Act 2002 / After Jury Conviction for Insider Trading and Sentence Imposed

Legal Issues

  1. 1 ['Whether the Court was required under s116 Proceeds of Crime Act 2002 to make a pecuniary penalty order against the defendant.' 'How the amount of the pecuniary penalty order should be determined, including whether it should be reduced by the fine imposed for the same offence.']

Ratio Decidendi

The defendant had been convicted of insider trading, an indictable offence punishable by up to five years imprisonment and therefore a serious offence, and he received a benefit equivalent to the $67,255.75 proceeds derived by Jetoten Pty Limited because that company was under his control. The pecuniary penalty amount was reduced by the $30,000 fine imposed for the same offence, resulting in an order for $37,255.75.

Court Disposition

Defendant ordered to pay to the Commonwealth of Australia a pecuniary penalty of $37,255.75.

Orders

  • ['Order that the defendant pay to the Commonwealth of Australia a pecuniary penalty of $37,255.75.']