R v CN [2019] NSWDC 966

District Court New South Wales

Medium Neutral Citation: R v CN [2019] NSWDC 966 Hearing dates: Friday 29 March 2019 Date of orders: Tuesday 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Criminal Before: Tupman DCJ Decision: (1) The offender is convicted. (2) Sentenced to an aggregate term of imprisonment pursuant to s 53A of the Crimes (Sentencing Procedure) Act 1999 (NSW) of 4 years and 6 months, with an aggregate non-parole period of 2 years and 3 months with parole thereafter of 2 years and 3 months. Catchwords: CRIME — Money laundering — Dealing with money suspected of being proceeds of crime — 6 substantive offences with maximum penalty of 10 years imprisonment — 4 Form 1 offences — Offending discovered following police strike force operation — Offender involved in money laundering syndicate involving other co-offenders — Early plea of guilty — No prior criminal record — Section 23 issues considered. Legislation Cited: Crimes Act 1900 (NSW): ss 193B(3); Crimes (Sentencing Procedure) Act 1999 (NSW): ss 23, 53A. Cases Cited: R v Thompson; R v Houlton [2000] 49 NSWLR 383 Category: Principal judgment Parties: Regina (The Crown) CN (The Offender) Representation: Mr. Belcher (The Crown) Mr. Jones (The Offender) File Number(s): 2017/00089864

Judgment 1. HER HONOUR: The offender is before the Court for sentence following pleas of guilty entered to six separate charges of recklessly dealing with the proceeds of crime. Those proceeds are in fact Australian currency. 2. These are offences contrary to s 193B(3) of the Crimes Act 1900 (NSW) and as such each carries a maximum penalty of 10 years imprisonment. Each of these six separate offences is in fact a rolled-up offence covering one month for each of the six offences and each represents a number of different transactions conducted during that month.