R v Watt [2005] NSWCCA 89

R v Watt [2005] NSWCCA 89

The sentencing judge did not err. The $4,000,000 transaction and the actual loss were relevant to objective criminality because the applicant dishonestly preferred his own interests and accepted the risk of loss; it was immaterial that the loss ultimately fell on the Commonwealth Bank rather than BIF. The late guilty pleas did not require greater discount or demonstrate substantial contrition, the reparation was expressly considered, and the favourable subjective matters were not overlooked. Leave to appeal was granted but the sentence appeal was dismissed.

Jurisdiction
Australia
Judgment Date
03 March 2005
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted. Appeal dismissed.
Legal Topics
['use of Position as Employee Dishonestly With Intention of Gaining an Advantage' 'section 184(2) of the Corporations Act 2001 (commonwealth)' 'objective Criminality' 'guilty Pleas' 'reparation' 'subjective Sentencing Factors' 'breach of Trust' 'general Deterrence']
['criminal Law' 'sentencing' 'corporations Law'] ['use of Position as Employee Dishonestly With Intention of Gaining an Advantage' 'section 184(2) of the Corporations Act 2001 (commonwealth)' 'objective Criminality' 'guilty Pleas' 'reparation' 'subjective Sentencing Factors' 'breach of Trust' 'general Deterrence']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the objective criminality of the applicant, particularly in relation to count 1 and the $4,000,000 sent to Anglo-Pacifique.' "Whether the sentencing judge gave insufficient weight to the applicant's pleas of guilty." 'Whether the sentencing judge failed to adequately consider the reparation paid by the applicant.' 'Whether the sentencing judge failed to adequately take into account subjective findings favourable to the applicant.']

Ratio Decidendi

The sentencing judge did not err. The $4,000,000 transaction and the actual loss were relevant to objective criminality because the applicant dishonestly preferred his own interests and accepted the risk of loss; it was immaterial that the loss ultimately fell on the Commonwealth Bank rather than BIF. The late guilty pleas did not require greater discount or demonstrate substantial contrition, the reparation was expressly considered, and the favourable subjective matters were not overlooked. Leave to appeal was granted but the sentence appeal was dismissed.

Court Disposition

Leave to appeal against sentence granted. Appeal dismissed.

Orders

  • ['Leave to appeal against sentence granted.' 'Appeal dismissed.']