A. Ansari v R, H. Ansari v R [2007] NSWCCA 204

Reported Decision: 173 A Crim R 11270 NSWLR 89 Appeal Outcome: Special leave granted by High Court - 2 October 2009 [s287/2009] [s288/2009]Heard 2-3 December 2009 Judgment reservedAppeals dismissed by the High Court 26 May 2010 [2010] HCA 18

New South Wales Court of Criminal Appeal

CITATION: A. Ansari v R, H. Ansari v R [2007] NSWCCA 204 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 30/03/2007

JUDGMENT DATE: 14 August 2007

JUDGMENT OF: Simpson J at 1; Howie J at 36; Hislop J at 150

DECISION: The appeal against conviction is dismissed. The Crown appeal is allowed in respect of both appellants and the sentences imposed in the District Court quashed. In lieu each of the appellants is sentenced as follows: (a) Count 1: imprisonment for 7 years to date drom 18 August 2006 and to expire on 17 August 2013. (b) Count 2: Imprisonment for 7 years to date from 18 August 2008 and to expire on 17 August 2015. (c) There is to be a non-parole period of 5 years 5 months to date from 18 August 2006 and to expire on 17 January 2012, the date upon which the appellants are eligible to be released to parole.

CATCHWORDS: Criminal Law - Offences - conspiracy under the Criminal Code (Cth) - the offence the subject of the conspiracy had as one of its fault elements recklessness - whether such a conspiracy bad at law - Criminal Liability - whether under the Criminal Code (Cth) a person can agree with another to commit an offence with a fault element of recklessness - relationship between offence of conspiracy under the Criminal Code (Cth) and at Common Law - Sentence - Crown Appeal - whether sentence imposed manifestly inadequate - relevant considerations in sentencing for a conspiracy to money launder - relevance of knowledge of the provenance of the money dealt with.