R v BB (No 7) [2021] NSWSC 1504

R v BB (No 7) [2021] NSWSC 1504

BB's offending was serious, planned and premeditated, involved profit and required general deterrence, but it was well below mid-range in objective seriousness within the broad range of s 27(1) offending because the sanctioned goods were intended and used for peaceful domestic electricity production and were not alleged to have been used for weapons. BB had no prior offending, good character, genuine though incomplete contrition, a valuable guilty plea, very low risk of reoffending, significant delay and health issues making custody more onerous. Taking parity with AA into account, a 30-month starting point reduced by 20% produced a 24-month term, and punishment and general deterrence...

Jurisdiction
Australia
Judgment Date
24 November 2021
Procedural Posture
Criminal Sentencing / Remarks on Sentence Following Guilty Plea
Outcome
BB was convicted and sentenced to 2 years imprisonment to be served by way of intensive correction in the community, with standard and additional conditions including community service and home detention.
Legal Topics
['contravention of United Nations Sanction Enforcement Law' 'unauthorised Sanctioned Supplies to Iran' 'objective Seriousness' 'general Deterrence' 'parity With Co Offender' 'intensive Correction Order' 'home Detention' 'community Service']
['criminal Law' 'sentencing' 'united Nations Sanctions'] ['contravention of United Nations Sanction Enforcement Law' 'unauthorised Sanctioned Supplies to Iran' 'objective Seriousness' 'general Deterrence' 'parity With Co Offender' 'intensive Correction Order' 'home Detention' 'community Service']

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Procedural Posture

Criminal Sentencing / Remarks on Sentence Following Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed for BB's contravention of s 27(1) of the Charter of the United Nations Act 1945 (Cth) by making unauthorised sanctioned supplies contrary to reg 10 of the Charter of the United Nations (Sanctions -- Iran) Regulations 2008 (Cth)." "Whether BB's objective criminality, moral culpability, subjective circumstances, plea of guilty, delay, health, contrition, prospects of rehabilitation and parity with co-offender AA warranted a sentence other than full-time custody." "Whether the disputed emails sent over Mr Habib's name were authored by BB and whether that use was intended as subterfuge."]

Ratio Decidendi

BB's offending was serious, planned and premeditated, involved profit and required general deterrence, but it was well below mid-range in objective seriousness within the broad range of s 27(1) offending because the sanctioned goods were intended and used for peaceful domestic electricity production and were not alleged to have been used for weapons. BB had no prior offending, good character, genuine though incomplete contrition, a valuable guilty plea, very low risk of reoffending, significant delay and health issues making custody more onerous. Taking parity with AA into account, a 30-month starting point reduced by 20% produced a 24-month term, and punishment and general deterrence...

Court Disposition

BB was convicted and sentenced to 2 years imprisonment to be served by way of intensive correction in the community, with standard and additional conditions including community service and home detention.

Orders

  • ['Convicted that, between about 19 March 2009 and about 1 April 2010, in Australia and elsewhere, BB engaged in conduct that contravened a United Nations sanction enforcement law contrary to s 27(1) of the Charter of the United Nations Act 1945 (Cth).' 'The United Nations sanction enforcement law contravened was the...