R v Whittall [2019] NSWDC 606

District Court New South Wales

Medium Neutral Citation: R v Whittall [2019] NSWDC 606 Hearing dates: 2 August 2019, 16 May 2019, 29 March 2019 Date of orders: 20 September 2019 Decision date: 20 September 2019 Jurisdiction: Criminal Before: Judge W Hunt Decision: 11 months imprisonment with Recognisance Release Order 5 months after serving 6 months Catchwords: CRIMINAL LAW – sentence – proceeds of crime – money laundering Legislation Cited: Criminal Code 1995 (Cth) Crimes Act 1914 (Cth) Cases Cited: Xiao v R [2018] NSWCCA 4 Category: Sentence Parties: Crown Charles Anthony Whittall Representation: Counsel: Ms T Berbarian - Crown Mr M Robinson SC - Offender Solicitors: Daniel Wakim Lawyers Director of Public Prosecutions - Cth File Number(s): 2013/385407

Judgment 1. Charles Anthony Whittall, whose date of birth is 14 January 1976, is before the Court for sentence in relation to two offences. Both of those offences are in breach of s 4.9 (1) of the Commonwealth Criminal Code. 2. Across both charges, Mr Whittall is to be dealt with on the basis that he dealt with, namely, possessed and disposed of a total of $2,675,673 and it is reasonable to suspect that such sum is the proceeds of crime. In sum, the dealings comprise a series of payments and purchases between 30 December 2008 and 23 December 2013. Those dealings included the purchase of a house, furnishings, jewellery, travel, various luxury cars, payments for a sandstone wall and cash transfers via Western Union. They also included providing his partner Reagan Boxall with money for the purposes of making payments towards the house and towards travel.