R v Cranney [2017] NSWDC 389

R v Cranney [2017] NSWDC 389

Given the offender's high degree of recklessness, his role in taking custody of the proceeds of crime, but also the Crown's concession and absence of prior record, a custodial sentence was warranted though not to be served full-time. Therefore, an 18-month sentence was imposed to be released forthwith upon recognisance.

Parties
Prosecution: The Crown; Offender: Gregory Charles Cranney
Jurisdiction
Australia
Judgment Date
11 December 2017
Procedural Posture
Criminal / Sentence
Outcome
The offender is sentenced to imprisonment for 18 months, to be released forthwith upon entering into a $5,000 recognisance bond to be of good behaviour for three years.
Legal Topics
Dealing With the Proceeds of Crime, Sentencing, Recklessness, Guilty Plea
Criminal Law Dealing With the Proceeds of Crime Sentencing Recklessness Guilty Plea

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Parties

The Crown

Prosecution

Gregory Charles Cranney

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for dealing with proceeds of crime under s 400.5(2) of the Criminal Code where the offender was reckless as to the source of funds and the value was $50,000 or more
  2. 2 Whether full-time custodial sentence is required given Crown concession and offender's circumstances

Ratio Decidendi

Given the offender's high degree of recklessness, his role in taking custody of the proceeds of crime, but also the Crown's concession and absence of prior record, a custodial sentence was warranted though not to be served full-time. Therefore, an 18-month sentence was imposed to be released forthwith upon recognisance.

Court Disposition

The offender is sentenced to imprisonment for 18 months, to be released forthwith upon entering into a $5,000 recognisance bond to be of good behaviour for three years.

Orders

  • The offender is sentenced to imprisonment for 18 months.
  • He is to be released forthwith upon entering into a recognisance of $5,000 to be of good behaviour for three years.