Croke v R [2021] NSWCCA 249

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Croke v R [2021] NSWCCA 249 Hearing dates: 6 August 2021 Decision date: 27 October 2021 Before: Bathurst CJ at [1]; Beech-Jones J at [134]; Fagan J at [135] Decision: (1) Leave to bring the application for leave to appeal out of time granted. (2) Leave to appeal granted. (3) Appeal dismissed. Catchwords: CRIME – money laundering – dealing with money suspected of being proceeds of crime – money seized by police on suspicion of being proceeds of the sale of illicit drugs – conspiracy to avoid seized money being forfeited to the Crown SENTENCING – appeal against sentence – co-offenders – disparity between sentences – whether applicant had a "justifiable sense of grievance" – where the same judge sentenced the co-offenders – where applicant knew the money was illegally obtained – where applicant used his skill and position as a solicitor in furtherance of criminal activity SENTENCING – aggravating factors – abuse of position – where applicant used his skill and position as a solicitor in furtherance of criminal activity – where applicant breached his professional responsibilities as a solicitor – whether sentencing judge entitled to attribute a high level of responsibility to the applicant SENTENCING – appeal against sentence – severity – sentence manifestly excessive – aggregate sentence – where applicant placed reliance on comparable cases – consideration of comparable cases Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Racketeer Influenced and Corrupt Organizations Act, 18 USC §§ (1970) Cases Cited: Abbas v R [2013] NSWCCA 115; (2013) 231 A Crim R 413 Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146; [2002] NSWCCA 518 Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2 Bond v R [2020] NSWCCA 277 Director of Public Prosecutions (Vic) v Dalgliesh (a pseudonym) (2017) 262 CLR 428; [2017] HCA 41 Einfeld v R [2010] NSWCCA 87; (2010) 200 A Crim R 1 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hart v Attorney General for New South Wales [2016] NSWCCA 71 Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45 JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528 Lloyd v R [2017] NSWCCA 303 Lowe v The Queen (1984) 154 CLR 606; [1984] HCA 46 Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221 PO v R [2020] NSWCCA 129 Postiglione v The Queen (1997) 189 CLR 295; [1997] HCA 26 R v Croke [2020] NSWDC 460 R v Irwin [1999] NSWCCA 361 Texts Cited: Nil Category: Principal judgment Parties: Michael Anthony Croke (Applicant) The Crown (Respondent) Representation: Counsel: D Dalton SC (Applicant) M Kumar (Crown) R J Grady (Commissioner of Police)