Regina v I R Hall [No 2] [2005] NSWSC 890

Regina v I R Hall [No 2] [2005] NSWSC 890

Mr Hall, as a company director, knowingly traded Clifford Corporation shares while in possession of price-sensitive, non-public information from the company's auditors, in deliberate breach of insider trading laws; the seriousness of the conduct warranted a custodial sentence, appropriately discounted for his late guilty plea, with additional considerations for his age and delay in proceedings.

Parties
Prosecution: Regina; Defendant: Ian Robert Hall
Jurisdiction
Australia
Judgment Date
09 September 2005
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
Insider Trading, Sentencing, White Collar Crime, Company Director Duties
Criminal Law Corporations Law Insider Trading Sentencing White Collar Crime Company Director Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Ian Robert Hall

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether Mr Hall knowingly procured the sale of shares in Clifford Corporation while in possession of price-sensitive, non-public information in breach of the Corporations Act 2001
  2. 2 Appropriate sentence for insider trading by a company director

Ratio Decidendi

Mr Hall, as a company director, knowingly traded Clifford Corporation shares while in possession of price-sensitive, non-public information from the company's auditors, in deliberate breach of insider trading laws; the seriousness of the conduct warranted a custodial sentence, appropriately discounted for his late guilty plea, with additional considerations for his age and delay in proceedings.

Court Disposition

Convicted and sentenced

Orders

  • Sentenced to two years and one month imprisonment commencing on 9 September 2005 and ending on 8 October 2007.
  • Order for release on 8 September 2006 upon the offender entering a recognisance in the sum of $5,000, without surety, to be of good behaviour for the balance of the term.