Regina v Rivkin [2003] NSWCCA 307

The Court of Criminal Appeal dismissed the appeal against conviction for contravening s1002G(2) Corporations Act 2001 and dismissed the appeal against sentence.

Jurisdiction: Australia
Judgment Date: 05 February 2004
Procedural Posture: Appeal Against Conviction and Sentence / Court of Criminal Appeal
Outcome: Appeal against conviction and sentence dismissed.
Legal Topics: ['insider Trading' 'miscarriage of Justice' 'actual or Ostensible Bias' 'directed Verdict of Acquittal' 'meaning of Information' 'materiality' 'admissibility of Evidence' 'probative and Prejudicial Value' 'fitness to Stand Trial' 'fresh Evidence' 'mens Rea' 'white Collar Crime Sentencing' 'manifestly Excessive Sentence']

['criminal Law' 'corporations Law' 'evidence' 'sentencing'] ['insider Trading' 'miscarriage of Justice' 'actual or Ostensible Bias' 'directed Verdict of Acquittal' 'meaning of Information' 'materiality' 'admissibility of Evidence' 'probative and Prejudicial Value' 'fitness to Stand Trial' 'fresh Evidence' 'mens Rea' 'white Collar Crime Sentencing' 'manifestly Excessive Sentence']

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Procedural Posture

Appeal Against Conviction and Sentence / Court of Criminal Appeal

Legal Issues

1 ['Whether there was a miscarriage of justice by reason of actual or ostensible bias of the trial judge arising from former professional association.' 'Whether the trial judge erred in not directing a verdict of acquittal.' 'Whether the appellant possessed information within the meaning of the insider trading provisions and as particularised, and whether it was material.' "Whether evidence was admissible having regard to relevance and prejudicial or probative value, including medical evidence as to a witness' capacity to give reliable evidence or present more attractively." 'Whether the summing up was unfair, including judicial comment or warning.' 'Whether the verdict was unreasonable.' 'Whether fresh evidence of an undiagnosed meningioma was relevant to fitness to stand trial, miscarriage stemming from inappropriate behaviour, mens rea and sentence.' 'Whether the sentence was manifestly excessive or involved a miscarriage of sentencing discretion.']

Ratio Decidendi

The Court of Criminal Appeal dismissed the appeal against conviction for contravening s1002G(2) Corporations Act 2001 and dismissed the appeal against sentence.

Court Disposition

Appeal against conviction and sentence dismissed.

Orders

['Appeal against conviction and sentence dismissed.']