R v BEARD [1999] NSWCCA 392

R v BEARD [1999] NSWCCA 392

Given the applicant's serious breach of trust as an employee selling private client information for personal gain, and upon review of all subjective and objective circumstances (including co-offender comparisons and the applicant's poor health), the sentence imposed was within the scope of the sentencing judge's discretion and not manifestly excessive.

Parties
Prosecution: Regina; Applicant: Stephen Beard
Jurisdiction
Australia
Judgment Date
07 December 1999
Procedural Posture
Criminal Application / Application for Leave to Appeal Sentence
Outcome
application for leave to appeal dismissed
Legal Topics
Breach of Trust, Corruption by Agent, Sentencing Appeal
Criminal Law Breach of Trust Corruption by Agent Sentencing Appeal

Case Brief

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Parties

Regina

Prosecution

Stephen Beard

Applicant

Procedural Posture

Criminal Application / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentence imposed on the applicant was manifestly excessive
  2. 2 Whether the sentencing judge erred in principle by comparison with sentences imposed on co-offenders

Ratio Decidendi

Given the applicant's serious breach of trust as an employee selling private client information for personal gain, and upon review of all subjective and objective circumstances (including co-offender comparisons and the applicant's poor health), the sentence imposed was within the scope of the sentencing judge's discretion and not manifestly excessive.

Court Disposition

application for leave to appeal dismissed

Orders

  • Leave to appeal refused
  • Applicant may be taken into custody