Betka v R; Ghazaoui v R; Hawchar v R [2020] NSWCCA 191

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Betka v R; Ghazaoui v R; Hawchar v R [2020] NSWCCA 191 Hearing dates: 7 July 2020 Date of orders: 5 August 2020 Decision date: 05 August 2020 Before: Fullerton J at [1]; Wilson J at [86]; Ierace J at [87] Decision: 1. The sentences imposed on each of the applicants in the District Court on 2 December 2019 are quashed. 2. In substitution the sentences imposed on each of the applicants are as follows: Zouheir Ghazaoui (i) Imprisonment for 2 years and 3 months to date from 2 December 2019. (ii) In accordance with s 19AC of the Crimes Act 1914 (Cth), a recognizance release order of 1 year and 1 month. The effect of that order is that Ghazaoui will be released from custody on 1 January 2021. Ahmed Hawchar (i) Imprisonment for 2 years and 4 months to date from 2 December 2019. (ii) In accordance with s 19AC of the Crimes Act 1914 (Cth), a recognizance release order of 1 year and 2 months. The effect of that order is that Hawchar will be released on 1 February 2021. Bilal Betka (i) Imprisonment for 6 years to date from 19 December 2017. After taking into account the sentence imposed by Harrison J on 20 February 2020, and having regard to the operation of ss 19AD and 19AG of the Crimes Act (Cth), a non-parole period of 3 years and 6 months is imposed, to expire on 18 June 2021. Catchwords: CRIME – appeals – appeal against sentence – three co-offenders – money laundering offences – whether error in assessment of the utilitarian value of guilty plea – whether sentence offends parity principles – error established – applicants resentenced Legislation Cited: Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Cth) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Code Act 1995 (Cth) Cases Cited: Bae v R [2020] NSWCCA 35 Chuang v R; Chen v R [2020] NSWCCA 60 Huang v R (2018) 96 NSWLR 743; [2018] NSWCCA 57 R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Bilal Betka (Applicant) Zouheir Ghazaoui (Applicant) Ahmed Hawchar (Applicant) The Crown (Respondent) Representation: Counsel: P Lange (Applicant Betka) D Barrow (Applicants Hawchar and Ghazaoui) D Jordan / E Tringali (Crown)