Shi v R [2014] NSWCCA 276

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Shi v R [2014] NSWCCA 276 Hearing dates: 13 October 2014 Decision date: 26 November 2014 Before: Leeming JA at [1] Fullerton J at [2] Bellew J at [3] Decision: 1.Leave to appeal is granted. 2.The appeal is allowed. 3.The sentences imposed in the District Court of NSW are quashed. 4.In lieu thereof the applicant is sentenced as follows: i. in respect of each of counts 1, 2 and 3, imprisonment for 1 year and 3 months commencing 12 December 2012 and expiring on 11 March 2014, such sentences to be served wholly concurrently; ii. in respect of each of counts 4, 5 and 6, imprisonment for 1 year and 3 months to commence at the expiration of the sentences imposed in respect of counts 1,2 and 3, i.e. 12 March 2014 and to expire on 11 June 2015; iii. in respect of counts 7 and 8, imprisonment for 1 year and 3 months to be served concurrently and to commence at the expiration of the sentences imposed in respect of counts 4, 5 and 6, i.e. 12 June 2015 and to expire on 11 September 2016; iv. in respect of each of counts 9 and 10, imprisonment for 1 year and 3 months to be served concurrently, to commence on 12 June 2016 and to expire on 11 September 2017; v. the sentence imposed in the Court below in respect of the offence against s. 400.9(1A) of the Criminal Code, namely imprisonment for 9 months commencing on 12 December 2012 and expiring on 11 September 2013, is confirmed; vi. the overall sentence imposed is one of 4 years and 9 months imprisonment; vii. a non-parole period of 2 years and 7 months imprisonment is imposed, commencing on 12 December 2012 and expiring on 11 July 2015. Catchwords: CRIMINAL LAW - sentencing - money laundering offences - where sentencing judge found that the applicant knew that the money was proceeds of crime - where applicant charged with an offence which alleged that it was reasonable to suspect that the money was proceeds of crime - whether findings of the sentencing judge breached principle in De Simoni - whether the circumstances which led to that finding were unfair to the applicant