R v Moukhallaletti [2019] NSWDC 311

District Court New South Wales

Medium Neutral Citation: R v Moukhallaletti [2019] NSWDC 311 Hearing dates: 06 June 2019 Date of orders: 05 July 2019 Decision date: 05 July 2019 Jurisdiction: Criminal Before: Weber SC DCJ Decision: 1. In respect of Count 1, the offender is sentenced to a term of imprisonment of 2 years, with a 1 year non-parole period. The term of such imprisonment shall commence on 17 June 2022.

2. In respect of Count 2, the offender is sentenced to a term of imprisonment of 3 years, with a 1 year and 6 month non-parole period. The term of such imprisonment shall commence on 17 July 2022. Catchwords: SENTENCING – Money laundering – Dealing with proceeds of crime – relevant factors on sentence – where offender the primary beneficiary of the offences - where offences lacked organisational sophistication - where particular need for general and specific deterrence – where offender has significant criminal history – where offender previously convicted for drug trafficking and money laundering offences – where offender currently in remand for other offences – where no fresh evidence of remorse or unlikelihood of reoffending

SENTENCING – Penalties – Imprisonment – no standard non-parole period - accumulation, concurrency and totality – where concurrent sentences warranted – where only partial accumulation warranted – where desirable to avoid crushing sentence – where "special circumstances" warranted Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: Gore v R [2010] NSWCCA 330 Johnson v The Queen (2004) 78 ALJR 616 Majeed v R [2013] VSCA 40 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 R v Ansari (2007) 70 NSWLR 89 R v Guo (2010) 201 A Crim R 403 R v Huang (2007) 174 A Crim R 370 R v Li (2010) 202 A Crim R 195 R v WC [2008] NSWCCA 268 Ramos v R [2018] NSWCCA 206 The Queen v Olbrich (1999) 199 CLR 270 Category: Sentence Parties: Regina (Crown) Samir Moukhallaletti (Offender) Representation: Counsel: Mr D. Patch (Crown) Mr J. Trevallion (Offender)