Mr John Ross Charlton, also known as Ross John Whitehead, of Bulimba, Queensland, has been sentenced on three criminal charges of managing a corporation while disqualified.
Mr Charlton was earlier found guilty of managing Global E-Tail Solutions Pty Ltd and Webgistics Asia Pacific Pty Ltd between December 2010 and May 2012, despite being disqualified from managing a corporation by ASIC for four years under his natural name Ross John Whitehead from 6 May 2008 (refer: 08-160MR).
Mr Charlton was convicted and fined $5,500.00 (Charge 1), imprisoned for nine months and released forthwith upon him offering security of $3,000.00 into a recognisance to be of good behaviour for a period of three years (Charge 2) and ordered to complete 200 hours of community service within 12 months (Charge 3).
As a result of the above convictions, a breach of the Crimes Act arose from Mr Charlton's previous convictions of managing a corporation while disqualified. On 24 February 2012, Mr Charlton had pleaded guilty to two charges of managing a corporation whilst disqualified. He was convicted and sentenced on both offences to six months imprisonment (to be released forthwith) and placed on a condition to be of good behaviour for a period of three years.
As a consequence in regard to his 2012 conviction, the Court extended Mr Charlton's period of good behaviour from three to five years.
ASIC Commissioner Greg Tanzer said that acting in breach of a disqualification order was a serious offence and that Mr Charlton had repeatedly demonstrated his disregard for the law. 'ASIC will vigorously pursue offenders who continue to act in breach of disqualification orders.
'As this case shows, the consequences of ignoring a disqualification order are significant. ASIC will pursue repeat offenders, for the protection of the public and to ensure those involved in managing companies are acting lawfully', Mr Tanzer said.
The matter was prosecuted by the Commonwealth Director of Public Prosecutions.
Editor's note:
On 3 December 2018, Mr Charlton was ordered to serve 9 months imprisonment as a result of breaching a condition of his recognizance release order, failing to be of good behaviour during the period of order.
Mr Charlton has filed a Notice of Appeal in the District Court.