R v Ogbeide [2021] NSWDC 750

R v Ogbeide [2021] NSWDC 750

The offender's criminality required a substantial custodial sentence because he occupied a highly valued and critical conduit role in a well-organised and sophisticated money laundering syndicate, dealt with over $800,000 in deposits connected with romance scams and BECs, participated over an extensive period for financial reward, and offended while on conditional liberty. Although his guilty pleas, assistance, remorse, rehabilitation prospects and special circumstances warranted mitigation, and parity with Salame was considered, his role and subjective circumstances justified an aggregate sentence of three years and ten months imprisonment with a non-parole period of two years and one...

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of three years and ten months commencing 25 June 2020, with a non-parole period of two years and one month expiring 24 July 2022.
Legal Topics
['aggravating Factors' 'breach of Conditional Liberty' 'plea of Guilty' 'remorse' 'rehabilitation' 'imprisonment' 'co Offenders' 'parity' 'deterrence' 'moral Culpability' 'multiple Offences' 'objective Seriousness' 'drug Addiction' 'hardship' 'special Circumstances' 'proceeds of Crime' 'money Laundering']
['criminal Law' 'sentencing'] ['aggravating Factors' 'breach of Conditional Liberty' 'plea of Guilty' 'remorse' 'rehabilitation' 'imprisonment' 'co Offenders' 'parity' 'deterrence' 'moral Culpability' 'multiple Offences' 'objective Seriousness' 'drug Addiction' 'hardship' 'special Circumstances' 'proceeds of Crime' 'money Laundering']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for participation in a criminal group and multiple proceeds of crime and identity information offences arising from business email compromise frauds and online romance scams.' "How objective seriousness should be assessed having regard to the offender's role, the amounts dealt with, the sophistication of the syndicate, the period of offending and harm caused." 'Whether offending committed while subject to community corrections orders or bail aggravated the sentence.' 'What weight should be given to guilty pleas, assistance under s 23 of the Crimes (Sentencing Procedure) Act 1999, remorse, rehabilitation prospects and special circumstances.' 'Whether parity with the sentence imposed in R v Salame required a comparable sentence.' 'How totality should be applied in imposing an aggregate sentence.']

Ratio Decidendi

The offender's criminality required a substantial custodial sentence because he occupied a highly valued and critical conduit role in a well-organised and sophisticated money laundering syndicate, dealt with over $800,000 in deposits connected with romance scams and BECs, participated over an extensive period for financial reward, and offended while on conditional liberty. Although his guilty pleas, assistance, remorse, rehabilitation prospects and special circumstances warranted mitigation, and parity with Salame was considered, his role and subjective circumstances justified an aggregate sentence of three years and ten months imprisonment with a non-parole period of two years and one...

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of three years and ten months commencing 25 June 2020, with a non-parole period of two years and one month expiring 24 July 2022.

Orders

  • ['The offender is convicted of each offence.' 'Taking into account a 25% discount for the pleas of guilty and 10% discount for past assistance, the indicative sentence for Sequence 1 is 18 months.' 'Taking into account a 25% discount for the pleas of guilty and 10% discount for past assistance, the indicative...