O’Leary v R (Cth) [2021] NSWCCA 83

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Leary v R (Cth) [2021] NSWCCA 83 Hearing dates: 31 March 2021 Decision date: 30 April 2021 Before: Hoeben CJ at CL at [1]; Hamill J at [63]; Wilson J at [64] Decision: (1) Leave to appeal against sentence is granted and the appeal is allowed. (2) The sentence imposed by Hock DCJ on 4 June 2020 is quashed. (3) In lieu thereof, the applicant is sentenced to imprisonment for 2 years to date from 4 June 2020 to be released after serving 13 months imprisonment on 3 July 2021 and to enter a self recognizance in the sum of $500 to be of good behaviour for a period of 10 months expiring 3 May 2022. Catchwords: SENTENCE APPEAL – plea of guilty to negligently dealing with the proceeds of crime contrary to s 404.3(3) of the Criminal Code (Cth) – applicant set up company structure and at the direction of others issued invoices – applicant did not perform any of work described in the invoices – when assessing objective seriousness of offending, sentencing judge took into account that "there was clearly planning in which the offender used his knowledge of accounting procedures and business affairs" – whether her Honour had taken into account an irrelevant consideration when assessing objective seriousness – error established – sentence appeal allowed – applicant re-sentenced. Legislation Cited: Criminal Code (Cth) Category: Principal judgment Parties: Paul O'Leary – Applicant Regina – Respondent Crown Representation: Counsel: C McGorey – Applicant G Wright – Respondent Crown