Subramaniam v R [2013] NSWCCA 159

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Subramaniam v R [2013] NSWCCA 159 Hearing dates: 27 March 2013 Decision date: 03 July 2013 Before: Emmett JA at 1 Simpson J at 14 Latham J at 15 Decision: Appeal allowed. Sentence imposed 10 February 2012 quashed. In lieu impose aggregate non-parole period of six (6) years to date from 4 October 2009, expiring 3 October 2015 with a balance of five (5) years expiring 3 October 2020. Applicant eligible for release on 4 October 2015 Catchwords: CRIMINAL LAW - leave to appeal against sentence - aggregate sentence - obtain benefit by deception offences - money laundering offences - sentencing judge erred in application of Crimes (Sentencing Procedure) Act 1999, s 53A - sentencing remarks provide no insight into calculation of sentence - must consider criminality of each offence in imposing aggregate sentence - obtain financial benefit offences involving transfer of funds of similar order ought to be grouped together - money laundering offences within "highly technical" category - restitution is an expression of applicant's remorse - finding of special circumstances - re-sentence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Job v R [2011] NSWCCA 267 Muldrock v The Queen [2011] HCA 39 Phelan v R (1993) 66 A Crim R 446 R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 R v Brown [2012] NSWCCA 199 R v Conway [2001] NSWCCA 51 ; 121 A Crim R 177 R v Giallussi [1999] NSWCCA 56 R v Nykolyn [2012] NSWCCA 219 R v Strano [2002] NSWCCA 531 Thewlis v R [2008] NSWCCA 176 Thorn v R [2009] NSWCCA 294 Williams v R [2012] NSWCCA 172 Yang v R [2012] NSWCCA 49 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 23 November 2010 Category: Principal judgment Parties: Rajina Subramaniam - Applicant Regina - Crown Respondent Representation: Counsel T Game SC / S Beckett - Applicant R Herps - Crown Respondent Solicitors Horowitz & Bilinsky - Applicant S Kavanagh - Solicitor for Public Prosecutions File Number(s): 2009/221168 Decision under appeal Date of Decision: 2012-02-10 00:00:00 Before: Finnane SC DCJ File Number(s): 2009/221168