Islam v R [2016] NSWCCA 233

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Islam v R [2016] NSWCCA 233 Hearing dates: 26 February 2016 Decision date: 28 October 2016 Before: Johnson J at [1] R A Hulme J at [131] Davies J at [132] Decision: 1. Leave is granted to appeal against sentence.

2. Appeal allowed with respect to the sentences imposed on 8 August 2014.

3. Sentences imposed on 8 August 2014 are quashed.

4. On Count 1, the Applicant is sentenced to imprisonment for nine months commencing on 25 July 2014.

5. On Count 2, taking into account under s.16BA Crimes Act 1914 (Cth) the offence under s.53(1) Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), the Applicant is sentenced to imprisonment for four years and nine months commencing on 25 January 2015 and expiring on 24 October 2019.

6. Pursuant to s.19AB Crimes Act 1914 (Cth), a single non-parole period of three years and six months is fixed commencing on 25 July 2014 and expiring on 24 January 2018. Catchwords: CRIMINAL LAW –– appeal against sentence – Applicant sentenced for offences contrary to s.400.3(1) and s.400.9(1) Criminal Code 1995 (Cth) – whether sentencing judge erred in approach to instrument of crime aspect of s.400.3(1) offence – error demonstrated – whether sentencing judge erred by application of a presumptive non-parole period for a federal offence – error demonstrated – whether sentencing judge erred in approach to contrition – no error demonstrated – whether lesser sentence warranted under s.6(3) Criminal Appeal Act 1912 - serious examples of offending of this type – Applicant's criminality greater than co-offenders – prior criminal history – lesser sentence warranted – Applicant resentenced Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Proceeds of Crime Act 2002 (Cth) Criminal Code 1995 (Cth) Cases Cited: Alvares v R [2011] NSWCCA 33; 209 A Crim R 297 Bugmy v The Queen [1990] HCA 18; 169 CLR 525 Deakin v The Queen [1984] HCA 31; 58 ALJR 367 Hili v The Queen [2010] HCA 45; 242 CLR 520 Kentwell v The Queen [2014] HCA 37; 252 CLR 601 McMahon v R [2011] NSWCCA 147 Milne v The Queen [2014] HCA 4; 252 CLR 149 Mun v R [2015] NSWCCA 234 Power v The Queen [1974] HCA 26; 131 CLR 623 R v Ansari [2007] NSWCCA 204; 70 NSWLR 89 R v Guo; R v Qian [2010] NSWCCA 170; 201 A Crim R 403 R v Huang; R v Siu [2007] NSWCCA 259; 174 A Crim R 370 R v Palu [2002] NSWCCA 381; 134 A Crim R 174 R v Qutami [2001] NSWCCA 353; 127 A Crim R 367 Stock v R [2011] NSWCCA 49 Category: Principal judgment Parties: Prabal Islam (Applicant) Regina (Respondent) Representation: Counsel: Mr TA Game SC; Mr A Djemal (Applicant) Mr LK Crowley (Respondent)