R v Chintagunta [2023] NSWDC 439

District Court New South Wales

Medium Neutral Citation: R v Chintagunta [2023] NSWDC 439 Hearing dates: 14 September 2023 Date of orders: 20 October 2023 Decision date: 20 October 2023 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence. For orders see [144]. Catchwords: CRME – sentence - deal with money proceeds of indictable crime – attempt to deal with money proceeds of indictable crime. Legislation Cited: Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code (Cth) Cases Cited: Cahyadi v R (2007)168 A Crim R 41; [2007] NSWCCA 1 Kim v The Queen [2016] VSCA 238 R v Ansari (2007) 173 A Crim R 112; [2007] NSWCCA 204 R v Huang; R v Siu (2007) 174 A Crim R 370 Category: Sentence Parties: Commonwealth Director of Public Prosecutions (Crown) Uday Chintagunta (Offender) Representation: Counsel: Ms C Akthar (Crown) Ms K Hogan (Offender) File Number(s): 2022/93669 Publication restriction: Nil.

REMarkS ON SENTENCE 1. The offender is to be sentenced in respect of the following two offences pursuant to s 400.6(1)(b)(i) of the Criminal Code (Cth) ("the Code") to which he entered pleas of guilty in the Local Court. 2. The offences are:- 1. Sequence 8 – between about 17 September 2021 and about 16 November 2021 at Sydney in the State of New South Wales, he dealt with money or other property that was, and that he believed to be, proceeds of indictable crime and at the time of the dealing the value of the money or other property was $10,000 or more. 2. Sequence 9 – between about 22 September 2021 and about 26 October 2021 at Sydney in the State of New South Wales, he dealt with money or other property that was, and that he believed to be, proceeds of indictable crime and at the time of the dealing the value of the money or other property was $10,000 or more. The maximum penalty proscribed for the offences was imprisonment for 10 years, or 600 penalty units, or both. 1. The following charge attached to Sequence 8 is to be dealt with on a schedule pursuant to s 16BA of the Crimes Act 1914 (Cth):- (3) Sequence 5 – offence pursuant to s 400.7(1)(b)(i) and s 11.1(1) of the Code. Between about 8 October 2021 and 11 October 2021 at Sydney in the State of New South Wales he attempted to deal with money or other property which was proceeds of indictable crime and he was reckless as to the fact that the money or other property was proceeds of indictable crime and at the time of the attempted dealing the value of the money or other property was $1,000 or more. 1. The maximum penalty proscribed for this offence is imprisonment for 5 years or 300 penalty units, or both. The offender admitted his guilt in respect of this offence, and asked that it be taken into account on sentence. 2. The offending therefore occurred between 17 September 2021 and 26 October 2021. The offender was arrested on 1 April 2022 and spent 12 days in custody from 1 April to 12 April 2022. A co-offender, Durga Thota is yet to be sentenced.