Almada v R [2015] NSWCCA 19

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Almada v R [2015] NSWCCA 19 Hearing dates: 25 February 2015 Date of orders: 25 February 2015 Decision date: 25 February 2015 Before: Hoeben CJ at CL at [1]; Harrison J at [2]; R A Hulme J at [3] Decision: 1. Leave to appeal against sentence allowed. 2. Appeal dismissed. Catchwords: CRIMINAL LAW – appeal - appeal against sentence – money laundering offence – whether error in assessment of offender's objective criminality – counsel on appeal bound by concession made in court below – assessment of offender's prospects of rehabilitation open to trial judge – no error established

CRIMINAL LAW – appeal – appeal against sentence – money laundering offence – importance of general deterrence - where applicant subject to good behaviour bond at time of offence – where applicant has longstanding drug problem – sentence not manifestly excessive Legislation Cited: Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Cases Cited: Markarian v The Queen [2005] HCA 25; 228 CLR 357 R v Ansari [2007] NSWCCA 204; 70 NSWLR 89 R v Guo [2010] NSWCCA 170; 201 A Crim R 403 R v Huang; R v Siu [2007] NSWCCA 259; 174 A Crim R 370 R v Li [2010] NSWCCA 125; 202 A Crim R 195 R v Ly [2014] NSWCCA 78 Shi v R [2014] NSWCCA 276 Van Haltren v R [2008] 191 A Crim R 53 Wong v The Queen [2001] HCA 64; 207 CLR 584 Zreika v R [2012] NSWCCA 44 Category: Principal judgment Parties: Andrew Nicholas Almada (Applicant) Regina (Respondent) Representation: Counsel: Ms S Beckett (Applicant) Mr L Crowley (Respondent)