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The Sentencing of Jono Moylan
No Fibs (2014)
  • Matthew Rimmer, Australian National University College of Law
Abstract
On July 25, 2014, Justice David Davies sentenced Jonathan Moylan at the Supreme Court of New South Wales for a breach of section 1041E (1) of the Corporations Act 2001 (Cth). The ruling is a careful and deliberate decision, showing equipoise. Justice Davies has a reputation for being a thoughtful and philosophical adjudicator. The judge convicted and sentenced Moylan to imprisonment for 1 year and 8 months. The judge ordered that Moylan be “immediately released upon giving security by way of recognisance in the sum of $1000 to be of good behaviour for a period of 2 years commencing today”. On January 7, 2013, Moylan issued a hoax press release on ANZ letterhead saying the bank had withdrawn its $1.2 billion loan facility from Whitehaven’s Maules Creek Coal Project on the grounds that the project would harm the environment, and the climate. Whitehaven’s share price fell before recovering. In an interview, Moylan sought to explain his action: Well, I certainly didn’t intend any harm to shareholders in Whitehaven and, you know, for the record, I do apologise. Though I won’t apologise for exposing ANZ’s dirty investments in Whitehaven Coal and the process where the local community has been totally … We’re up against, you know, a big company here and change doesn’t happen without people taking risks and I think that, you know, this kind of thing is likely to happen in the future, perhaps not me, but people are going to be taking more and more risks to ensure that our rights and our environmental rights and the rights of landholders are respected and our children and grandchildren have a future. Moylan was charged under section 1041E of the Corporations Act 2001 (Cth) for making false or misleading statements, and faced up to ten years in prison and a $765,000 fine. After initially contesting the matter, Jonathan Moylan decided to plead guilty to the offence under section 1041E of the Corporations Act 2001 (Cth) in May 2014. - See more at: http://nofibs.com.au/2014/07/25/the-sentencing-of-jono-moylan-by-drrimmer-leardblockade-standwithjono/#sthash.NiqbXZQU.dpuf
Keywords
  • Jonathan Moylan,
  • Hoaxes,
  • Corporations Law,
  • Climate Activism,
  • Civil Disobedience.
Publication Date
July 25, 2014
Citation Information
Matthew Rimmer. "The Sentencing of Jono Moylan" No Fibs (2014)
Available at: http://works.bepress.com/matthew_rimmer/207/