Ihemeje v R [2012] NSWCCA 269

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Ihemeje v R [2012] NSWCCA 269 Hearing dates: 28 September 2012 Decision date: 14 December 2012 Before: McClellan CJ at CL at [1] Hidden J at [2] Adamson J at [3] Decision: (1) Grant leave to appeal. (2) Allow the appeal. (3) Adjust the non-parole period fixed by Puckeridge DCJ to commence on 4 May 2010 and to expire on 3 December 2013. (4) Otherwise confirm the sentences imposed by Puckeridge DCJ. Catchwords: CRIMINAL LAW - appeal against sentence - whether sentence manifestly excessive - offences of dealing with money or property the proceeds of crime - non-parole period in respect of federal offences - whether matters on which the applicant was not convicted were taken into account in sentencing - whether the sentencing judge made findings that were not open to him - matters taken into account in sentencing Legislation Cited: - Crimes Act 1914 (Cth) - Criminal Code (Cth) - Financial Transaction Reports Act 1988 (Cth) - Crimes Act 1900 - Crimes (Sentencing Procedure) Act 1999 Cases Cited: - Cranshaw v R [2009] NSWCCA 80 - Du Randt v R [2008] NSWCCA 121 - Green v The Queen [2011] HCA 49; 244 CLR 462 - Horne v R [2011] NSWCCA 225 - R (Cth) v Nguyen; R (Cth) v Nguyen [2010] NSWCCA 331 - R v Edwards (1996) 90 A Crim R 510 - R v Guo; R v Qian [2010] NSWCCA 170 - R v Li [2010] NSWCCA 125; 202 A Crim R 195 Category: Principal judgment Parties: Cyril Ihemeje (Applicant) Regina (Respondent) Representation: Counsel: M C Ramage QC (Appplicant) P McGuire (Respondent) Solicitors: Jeffreys Lawyers (Applicant) Commonwealth Director of Public Prosecutions (Respondent) File Number(s): 2009/12016 Publication restriction: None Decision under appeal Date of Decision: 2010-05-06 00:00:00 Before: Puckeridge DCJ File Number(s): 2009/12016