R v Nguyen; R v Alzcazar [2017] NSWDC 386

R v Nguyen; R v Alzcazar [2017] NSWDC 386

Although both offenders deliberately participated in handling large amounts of cash which they knew or ought to have believed were illegally obtained, their youth, prior good character, early guilty pleas, low risk of reoffending and suitability for intensive correction justified non-full-time custody. Nguyen's criminality was assessed as greater than Alcazar's because he dealt directly with Wilson and moved the money, but the same sentence was imposed on each after weighing their differing circumstances.

Jurisdiction
Australia
Judgment Date
08 September 2017
Procedural Posture
Criminal Sentence for Commonwealth Money Laundering Offences / Sentence After Guilty Pleas and Committal From the Burwood Local Court
Outcome
Each offender was convicted on both charges. For each offender, one charge resulted in a one-year term of imprisonment to be served by way of intensive correction in the community, and the other charge resulted in release on a $500 recognisance to be of good behaviour for two years.
Legal Topics
['money Laundering' 'proceeds of Crime' 'intensive Correction Order' 'recognisance' 'young Offenders' 'prior Good Character' 'guilty Plea']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['money Laundering' 'proceeds of Crime' 'intensive Correction Order' 'recognisance' 'young Offenders' 'prior Good Character' 'guilty Plea']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence for Commonwealth Money Laundering Offences / Sentence After Guilty Pleas and Committal From the Burwood Local Court

Legal Issues

  1. 1 ['What sentence should be imposed on each offender for offences involving dealing with or possessing money reasonably suspected of being proceeds of crime.' "Whether Nguyen's and Alcazar's respective roles in holding and moving large amounts of cash warranted different assessments of criminality." 'Whether early guilty pleas, youth, prior good character and prospects of rehabilitation justified sentences to be served by way of intensive correction in the community.']

Ratio Decidendi

Although both offenders deliberately participated in handling large amounts of cash which they knew or ought to have believed were illegally obtained, their youth, prior good character, early guilty pleas, low risk of reoffending and suitability for intensive correction justified non-full-time custody. Nguyen's criminality was assessed as greater than Alcazar's because he dealt directly with Wilson and moved the money, but the same sentence was imposed on each after weighing their differing circumstances.

Court Disposition

Each offender was convicted on both charges. For each offender, one charge resulted in a one-year term of imprisonment to be served by way of intensive correction in the community, and the other charge resulted in release on a $500 recognisance to be of good behaviour for two years.

Orders

  • ['Michael Nguyen: on the charge of possessing $300,070 in cash suspected of being the proceeds of crime on 28 January 2016 at Campsie, convicted and sentenced pursuant to Crimes Act 1914 (Cth) s 20AB(1AA)(a)(ix) to imprisonment for one year commencing 8 September 2017 to be served by way of intensive correction in...