R v Vincent, Jamieson [2010] NSWDC 302

New South Wales District Court

CITATION: R v Vincent, Jamieson [2010] NSWDC 302

HEARING DATE(S): 15/07/2010, 17/09/2010 & 11/11/2010

JUDGMENT DATE: 19 November 2010

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted - Sentenced - 3 years to date from the 19th November 2010 and expiring on the 18th November 2013. The offender to be released on 18th July 2012 on a recognizance release order, himself in the sum of $10.00.

CATCHWORDS: Criminal Law - Sentencing - Conspire to deal with proceeds of crime - Commonwealth offence - fraud on Commonwealth Superannuation Scheme - $150million transferred to four off-shore accounts - attempts to access $20 million+ from Hong Kong account - offenders role minor - distinction between acts in furtherance of principal offence and acts in pursuit of obtaining proceeds of that offence - money laundering offence - sentencing structure for dealing in proceeds of crime - fault element - quantum of proceeds - appropriate principles - 41year old offender - extensive criminal history - development of serious illness - survival beyond 5 years unlikely - delay in prosecution - charged offences ante date prior custody - non parole for subsequent offences completed - impact of delay - systemic problems impeding health treatment for prisoner in custody - likelihood of flaws in delivery of timely health services - parity of sentences - co offenders charged with offences of different nature with different maximum penalty sanctions - difficulty following exercise of prosecutorial discretion - justifiable sense of grievance found.

LEGISLATION CITED: Criminal Code Act 1995 Crimes Act 1914 (Commonwealth)

Mark John Doyle (1996) 84 A.Crim.R 287 De Simone v The Queen (1981) 147 CLR 383 Ansari v The Queen (2007) 70 NSWLR 89 CASES CITED: Chen v The Queen [2009] NSWCCA 66 R v Dragan Jokovic [2010] NSWDC 155 R v Todd [1982] 2 NSWLR 517 Mills v The Queen [1988] HCA 70 Sopher (1993) 70 A.Crim.R 570