R v Menzies [2023] NSWDC 535

District Court New South Wales

Medium Neutral Citation: R v Menzies [2023] NSWDC 535 Hearing dates: 1 September 2023 Decision date: 29 September 2023 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Indicative Sentences: Counts 1 + 6: 6 months. Counts 2,3, 4, 5, 7, 8, 9, 10, 11, 12, 13, & 14: 18 months. Aggregate sentence: Sentenced to a total term of imprisonment of 4 years comprising a non-parole period of 3 years to commence on 4 August 2023 and to expire on 3 August 2026, and a balance of term of 1 year to commence on 4 August 2026 and to expire on 3 August 2027. The offender will become eligible for parole on 3 August 2026. Catchwords: CRIMINAL – sentence after trial – dealing with property reasonably suspected of being the proceeds of crime, less than $100,000 (x14) - business email compromise fraud regarding funding by Destination NSW of Sydney WorldPride Ltd – email fraudulently claiming bank details had changed to that of an account of the co-offender, Mansus Knight and then transferred by this offender to an account of his and used to purchase gold bullion in 13 transactions as well as transferring $20,000 to another of his accounts – statutory defence to s193C(2) sub para 4 not accepted by jury – co-offender's plea of guilty – roles of offender and co-offender – significant difference in offending – parity – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Category: Sentence Parties: Rex Menzies, Simon Representation: Counsel: Ms L Bewsher