McQuoid, R. v [2009] EWCA Crim 1301 (10 June 2009)

McQuoid, R. v [2009] EWCA Crim 1301 (10 June 2009)

The sentence of eight months' imprisonment for deliberate insider dealing was not excessive, given the substantial profit, breach of trust, and impact on market integrity; prior regulatory treatment of similar cases does not mitigate the seriousness or warrant reduction in sentence.

Citation
[2009] EWCA Crim 1301
Parties
Applicant: Christopher McQuoid; Co Accused: James William Melbourne; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Insider Dealing, Market Abuse, Sentencing Guidelines
Criminal Law Financial Regulation Insider Dealing Market Abuse Sentencing Guidelines

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Parties

Christopher McQuoid

Applicant

James William Melbourne

Co Accused

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for insider dealing was excessive
  2. 2 Appropriateness of custodial sentence for insider dealing
  3. 3 Impact of change in prosecution policy from regulation to criminal prosecution

Ratio Decidendi

The sentence of eight months' imprisonment for deliberate insider dealing was not excessive, given the substantial profit, breach of trust, and impact on market integrity; prior regulatory treatment of similar cases does not mitigate the seriousness or warrant reduction in sentence.

Court Disposition

appeal dismissed

Orders

  • leave to appeal granted
  • sentence of eight months' imprisonment affirmed