Yacoub v R [2021] NSWCCA 166

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Yacoub v R [2021] NSWCCA 166 Hearing dates: 12 July 2021 Date of orders: 19 July 2021 Decision date: 19 July 2021 Before: Basten JA at [1]; Walton J at [46]; Adamson J at [47] Decision: (1) With respect to the application for leave to appeal against the conviction: (a) grant the applicant an extension of time to file the application to 7 January 2021; (b) refuse leave to appeal pursuant to r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW). (2) With respect to the application for leave to appeal against the sentence: (a) grant the applicant an extension of time to file the application to 7 May 2021; (b) grant the applicant leave to appeal from the sentence imposed on him in the District Court on 8 May 2020; (c) dismiss the appeal. Catchwords: CRIME – conviction appeal – jury direction – burden of proof – dealing with proceeds of crime – "reasonable grounds to suspect" – accused's defence that no reasonable grounds – disbelieving accused insufficient to discharge prosecution burden – whether need for Liberato direction – direction given as sought – leave required under Criminal Appeal Rules SENTENCING – appeal – dealing with proceeds of crime – purpose identified as money laundering – whether judge referring to different offence – whether inflation of objective criminality – whether De Simoni error Legislation Cited: Crimes Act 1900 (NSW), ss 193A, 193B, 193C, Pt 4AC Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15 Cases Cited: De Silva v The Queen (2019) 94 ALJR 100; [2019] HCA 48 Liberato v The Queen (1985) 159 CLR 507; [1985] HCA 66 LN v R [2020] NSWCCA 131 The Queen v De Simoni (1981) 147 CLR 383; [1981] HCA 31 Category: Principal judgment Parties: Simon Yacoub (Applicant) Regina (Respondent) Representation: Counsel: Mr G D Wendler (Applicant) Ms G Wright (Respondent)