R v Ho [2020] NSWDC 905
Given the objective seriousness of repeated insider trading and tipping offences, mitigated by exceptional voluntary disclosure, high-value cooperation, genuine remorse, low risk of reoffending and substantial personal loss, a three-year term of imprisonment is warranted but can be served by way of an Intensive Correction Order with specific conditions.
- Parties
- Prosecution: Regina; Defendant: Michael Ming Jinn Ho
- Jurisdiction
- Australia
- Judgment Date
- 11 September 2020
- Procedural Posture
- Criminal / Sentence
- Outcome
- Conviction and sentence imposed; Intensive Correction Order.
- Legal Topics
- Insider Trading, Tipping, Sentencing, Intensive Corrections Order, General Deterrence
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Michael Ming Jinn Ho
Defendant
Procedural Posture
Criminal / Sentence
Legal Issues
- 1 What is the appropriate sentence for insider trading and tipping offences under the Corporations Act 2001?
- 2 Should the sentence be mitigated due to voluntary disclosure, assistance to authorities, and remorse?
Ratio Decidendi
Given the objective seriousness of repeated insider trading and tipping offences, mitigated by exceptional voluntary disclosure, high-value cooperation, genuine remorse, low risk of reoffending and substantial personal loss, a three-year term of imprisonment is warranted but can be served by way of an Intensive Correction Order with specific conditions.
Court Disposition
Conviction and sentence imposed; Intensive Correction Order.
Orders
- Convicted on each of six counts.
- Aggregate sentence of three years' imprisonment commencing 11 September 2020 and expiring 10 September 2023.
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