Wills v R [2014] NSWCCA 253

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wills v R [2014] NSWCCA 253 Hearing dates: 20 October 2014 Decision date: 10 November 2014 Before: Hoeben CJ at CL at [1] R A Hulme J at [2] Davies J at [3] Decision: 1. Leave to appeal granted. 2. Appeal dismissed. Catchwords: CRIMINAL LAW - conspiracy to money launder - money laundering - receiving corrupt benefits - sentence - executive of Woolworths - elaborate scheme involving off-shore companies - benefits received over 18 month period - offender unrepresented at sentence hearing - offender with serious health issues - refusal of second adjournment - offender lodged detailed written submissions with Sentencing Judge - whether procedural unfairness in refusing adjournment - whether sentence manifestly excessive Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act (1999) NSW Cases Cited: Dietrich v The Queen (1992) 177 CLR 292 R v Battiato [1999] NSWCCA 44 R v Egerton (Unrep, Court of Criminal Appeal NSW, 8 August 1997) R v Giam (No 2) [1999] NSWCCA 378 R v Houghton [2000] NSWCCA 62 R v Houlton [2000] NSWCCA 183 R v Lambrinos (Unrep, Court of Criminal Appeal NSW, 17 July 1998) R v Newey (Unrep, Court of Criminal Appeal, NSW, 23 August 1990 R v O'Neill (Unrep, Court of Criminal Appeal NSW, 24 July 1996) Weir v R [2011] NSWCCA 123 Category: Principal judgment Parties: David Michael Wills (Applicant) Crown Representation: Counsel: F Coyne (Applicant) N Adams SC & S Palaniappan (Crown) Solicitors: Hammond Solicitors (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/80902 Decision under appeal Date of Decision: 2013-01-18 00:00:00 Before: Haesler DCJ File Number(s): 2009/80902