R v Omoregie [2020] NSWDC 734

District Court New South Wales

Medium Neutral Citation: R v Omoregie [2020] NSWDC 734 Hearing dates: 17 September 2020 Date of orders: 9 October 2020 Decision date: 09 October 2020 Jurisdiction: Criminal Before: Weber SC DCJ Decision: (1) The offender is convicted of the offences which bring him before the Court. (2) The offender is sentenced to a term of imprisonment of 12 months with a non-parole period of seven months. (3) The Court directs that such term of imprisonment shall commence on 3 September 2020 and that the non-parole period shall expire on 2 April 2021, with the balance to expire on 2 September 2021. Catchwords: CRIME – Money laundering – Dealing with the proceeds of crime being reckless as to whether the it is the proceeds of crime – email scam – where the offender accepted the electronic transfer of funds into his personal bank account and used the funds to purchase gold bars for a third party in exchange for payment SENTENCING – Mental condition issue – where the offender has not established on balance that he had a mental condition which was apt to be brought to account in the sentencing task SENTENCING – Objective seriousness – where the offences involved large sums of money – where the transfer to gold bullion was non-traceable – where the offences were not spur of the moment SENTENCING – Aggravating factors – financial gain – offender was on conditional liberty at the time of offending SENTENCING – Contrition and remorse – where the offender expressed insight into the consequences of his offending – early guilty plea – guarded about prospects of rehabilitation and risk of reoffending SENTENCING – Appropriate sentence – Whether in this case youth is a mitigating factor or, when considered with his criminal antecedents, disentitles the offender to leniency – Where the offences were committed whilst the offender was on conditional liberty – the offender has learned nothing from previous offending and has not benefited from the leniency of previous non-custodial sentences Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Markarian v The Queen (2005) 228 CLR 357 Category: Sentence Parties: Regina (Crown) Robert Omoregie (Offender) Representation: Counsel: Mr D Marr (Offender)