R v Howard [2003] NSWSC 1248

R v Howard [2003] NSWSC 1248

Given Mr Howard’s guilty plea, voluntary disclosure, and extensive past and future assistance to authorities, a total sentence of imprisonment of 3 years (with respective discounts on each count) is warranted, but the sentence is suspended under s20(1)(b) of the Crimes Act 1914 in light of his undertaking to provide future assistance. If Mr Howard fails to honour the undertaking, the custodial sentence will be activated.

Parties
Prosecution: Regina; Accused: William Herbert Howard
Jurisdiction
Australia
Judgment Date
23 December 2003
Procedural Posture
Criminal / Sentence
Outcome
Suspended sentence of imprisonment, subject to future cooperation.
Legal Topics
Dishonesty Offences, Breach of Trust, White Collar Crime, Sentence Discount, Assistance to Authorities, Suspended Sentence
Criminal Law Corporations Law Dishonesty Offences Breach of Trust White Collar Crime Sentence Discount Assistance to Authorities Suspended Sentence

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Parties

Regina

Prosecution

William Herbert Howard

Accused

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for offences of dishonesty and breach of trust under the Corporations Act 2001?
  2. 2 Should sentence be mitigated based on a guilty plea, assistance to authorities, and other discounts?
  3. 3 Should the sentences be suspended in light of future assistance?

Ratio Decidendi

Given Mr Howard’s guilty plea, voluntary disclosure, and extensive past and future assistance to authorities, a total sentence of imprisonment of 3 years (with respective discounts on each count) is warranted, but the sentence is suspended under s20(1)(b) of the Crimes Act 1914 in light of his undertaking to provide future assistance. If Mr Howard fails to honour the undertaking, the custodial sentence will be activated.

Court Disposition

Suspended sentence of imprisonment, subject to future cooperation.

Orders

  • Count 1: Imprisonment for 1 year 9 months commencing 23 December 2003 and expiring 22 September 2005.
  • Count 2: Imprisonment for 2 years commencing 23 December 2004 and expiring 22 December 2006.