economic offences (1 Viewer)

[mandalay]

I was recently given an assignment about economic offences so i thought i would use the 'renee rivkin insider trading' case as my major case study. the following are the bits i'm having trouble with... so if anyone can fill me in at all, it would be great :

Jurisdiction (state and court).

Issues that the judge needed to consider in making his/her decision.

The ratio decidendi.

Legislation (including relevant section) that the defendant was alleged to have breached.

The mens rea and actus reus of the crime and the facts used to establish this.

Any external factors that may have affected the behaviour of the defendant.

Any implications it may have for achieving justice for individuals and/or society.

How effective is he punishment provided in achieving the objectives

 

[townie]

http://www.austlii.edu.au/au/cases/nsw/supreme_ct/2003/447.html

that is the full judgement, u will find he was tried in the Supreme Court of NSW under commonwealth legislation :
Corporations Act 2001
Crimes Act 1914 (Commonwealth)

the judge needs to look at factors included in the Crimes (Sentencing Procedures) Act 1999 (NSW)

u will find in the judgement the judge said

"1. The element of general deterrence is important in white collar crimes. It is of course, an important part of the sentencing process in all crimes. It is however, an especially important matter in crimes such as the present because of the need to mark out plainly to others who might be minded to breach their professional or related obligations that such conduct will generally merit, in appropriate cases, condign punishment."

However, i recomend u read the full judgement as it will help answer many of ur questions, it is tough to read the full thing, and i recommend printing it and highlighting it, it will be worthwhile and provide plenty of quotes.

personally, i believe the punishment was appropriate it balances deterrance and retribution with the fact that the crime was not all that serious, thus, periodic detention provides a balance.

Good Luck with the assignment

 

[mandalay]

wuh? how the...?

THANK YOU SOOOOOOO MUCH, TOWNIE!!!!!!!!!!!!!!!!!!!!