Dickson v R [2016] NSWCCA 105

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dickson v R [2016] NSWCCA 105 Hearing dates: 11, 12 February 2016 Date of orders: 10 June 2016 Decision date: 10 June 2016 Before: Macfarlan JA at [1] Schmidt and Wilson JJ at [2] Decision: 1. Leave to appeal in relation to grounds 1 and 2 of the conviction appeal is refused. 2. The conviction appeal is otherwise dismissed. 3. The sentence appeal is upheld and the sentences imposed by Beech-Jones J are set aside. 4. The appellant is re-sentenced as follows: a. For count 1, being an offence contrary to s 135.4(5) of the Criminal Code, the appellant is sentenced to a term of imprisonment of 9 years, commencing on 22 December 2014 and expiring on 21 December 2023. b. For count 6, being an offence contrary to s 11.5(1) of the Criminal Code, the appellant is sentenced to a term of imprisonment of 12 years, to date from 22 December 2016 and expiring on 21 December 2028. c. Pursuant to s 19AB(1) of the Crimes Act 1914 the Court fixes a single non-parole period of 9 years and 3 months, expiring on 21 March 2024. Catchwords: CRIMINAL LAW – appeal – appeal against conviction complex tax fraud – money laundering – question of whether change in Crown case – whether appellant's conviction inconsistent with asserted innocence of co-conspirator – whether plea in bar exists for a count on indictment – whether criminality of one count on indictment considerably different to a second count on indictment – whether count duplicitous – whether trial judge failed to adequately put the appellant's case to the jury – conviction appeal dismissed