Linggo v R [2017] NSWCCA 67

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Linggo v R [2017] NSWCCA 67 Hearing dates: 31 March 2017 Date of orders: 31 March 2017 Decision date: 13 April 2017 Before: Beazley P; Walton J; R A Hulme J Decision: 1 Grant leave to appeal against sentence and allow the appeal;

2 Quash the sentences imposed in the District Court on 7 March 2016 and in lieu impose the following:

Count 1 Imprisonment for 18 months commencing 30 June 2015 and expiring 29 December 2016;

Count 2 Imprisonment for 2 years and 2 months commencing 30 December 2015 and expiring 28 February 2018;

3 Direct the appellant be released on 3 April 2017 upon giving security without surety in the sum of $1,000 and entering into a recognizance to be of good behaviour for the period 3 April 2017 until 28 February 2018. Catchwords: CRIMINAL LAW – application for leave to appeal against sentence – whether sentencing judge made mathematical error in calculating sentence imposed – applicant convicted of offences contrary to Criminal Code 1995 (Cth), s 400.9(1) and Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) – sentencing judge stated that intention was to impose sentence of imprisonment for three years – sentence of three years and three months imposed – whether appeal court should resentence

CRIMINAL LAW – application for leave to appeal against sentence – whether sentencing judge erred by giving inadequate discount for guilty plea – discount in range of 4 per cent to 10 per cent – matters to be considered when calculating discount pursuant to Crimes Act 1914 (Cth), s 16A(2)(g) – whether discount to be given for utilitarian value of the plea – circumstances in which discount to be given for facilitating the course of justice – timing of the plea – strength of the Crown case – appropriate range for discount Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Code 1995 (Cth) Cases Cited: C v R (2013) 229 A Crim R 233; [2013] NSWCCA 81 Cameron v The Queen (2002) 209 CLR 339; [2002] HCA 6 DPP (Cth) v Thomas [2016] VSCA 237 Ellis v R [2015] NSWCCA 262 Gow v DPP (Cth) (2015) 298 FLR 397; [2015] NSWCCA 208 Isaac v R [2012] NSWCCA 195 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Lee v R [2012] NSWCCA 123 Lehn v R (2016) 78 MVR 353; [2016] NSWCCA 255 Pham v R [2010] NSWCCA 208 R v Baleisuva [2004] NSWCCA 344 R v Harrington (2016) 11 ACTLR 215; [2016] ACTCA 10 R v Saleh [2015] NSWCCA 299 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Tyler v The Queen; R v Chalmers (2007) 173 A Crim R 458; [2007] NSWCCA 247 Category: Principal judgment Parties: Leonard Dharmananda Linggo (Applicant) Regina (Respondent) Representation: Counsel: S Buchen; G Huxley (Applicant) L K Crowley (Respondent)