R v Issakidis [2018] NSWSC 378

Supreme Court New South Wales

Medium Neutral Citation: R v Issakidis [2018] NSWSC 378 Hearing dates: 11 December 2017 Date of orders: 29 March 2018 Decision date: 29 March 2018 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: (1) For committing count 1 on the indictment, being an offence contrary to s 135.4(5) of the Criminal Code, sentenced to imprisonment for 7 years commencing on 16 October 2017 and expiring on 15 October 2024. (2) For committing count 2 on the indictment, being an offence contrary to s 11.5(1) and s 400.3(1) of the Criminal Code, sentenced to imprisonment for 8 years and 3 months commencing on 16 October 2019 and expiring on 15 January 2028. (3) Pursuant to s 19AB(1) of the Crimes Act 1914, fix a single non-parole period of 7 years and 6 months expiring on 15 April 2025. Catchwords: CRIMINAL LAW – sentencing – conspiracy to dishonestly cause a loss or risk of loss to the Commonwealth – conspiracy to deal with property of a value of $1M or more believing it to be the proceeds of crime ­­­­– where offender part of a conspiracy to make false depreciation claims in company tax returns ­­­– where loss to the Commonwealth exceeded $100M ­– where intended loss or risk of loss to the Commonwealth amounted to approximately $135M – where offender part of a conspiracy to launder the proceeds of crime through offshore accounts – where offences involved intricate planning and preparation and occurred over a number of years

CRIMINAL LAW ­– sentencing – relevant factors on sentence ­– co-offenders – parity – where offences in the worst category ­­– where offender motivated by greed – where strong need for deterrence – where offender has shown no contrition – where good prospects of rehabilitation – where significant delay – where hardship to offender and his wife – where offender has mental and physical health problems – where offender is of advanced age – where no relevant criminal history Legislation Cited: Crimes Act 1914 (Cth) Criminal Code 1995 (Cth) Cases Cited: Dickson v R [2016] NSWCCA 105 DPP (Cth) v Goldberg (2001) 184 ALR 387; [2001] VSCA 107 DPP (Cth) v Gregory (2011) 34 VR 1; [2011] VSCA 145 DPP (Cth) v Pratten (No 2) (2017) 94 NSWLR 194; [2017] NSWCCA 42 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Hili v The Queen; Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45 R v Anthony James Dickson (No 18) [2015] NSWSC 268 R v Caradonna (2000) 118 A Crim R 312; [2000] NSWCCA 398 R v Huang (2007) 174 A Crim R 370; [2007] NSWCCA 259 R v Huston; R v Fox; R v Henke; ex parte Cth DPP (2011) 219 A Crim R 209; [2011] QCA 350 R v Ly (2014) 241 A Crim R 192; [2014] NSWCCA 78 R v Milne (No 6) [2010] NSWSC 1467 R v Obeid (No 12) [2016] NSWSC 1815 R v Stitt (1998) 102 A Crim R 428 R v Todd [1982] 2 NSWLR 517 R v Wright (1994) 74 A Crim R 152 Sabra v R [2015] NSWCCA 38 Shepherd v R (1988) 37 A Crim R 303 Thangavelautham v R [2016] NSWCCA 141 Tyler v R; R v Chalmers (2007) 173 A Crim R 458; [2007] NSWCCA 247 Category: Sentence Parties: Regina (Crown) Michael John Issakidis (Offender) Representation: Counsel: M G McHugh SC with A McGrath (Crown) M Smith (Offender)