R v Hunter [2021] NSWDC 375

R v Hunter [2021] NSWDC 375

The offender engaged over many years in planned and sophisticated fraud-related conduct and dealings with proceeds of crime involving mortgage loans, causing significant harm and risk to the victim and financial institutions. His prior record, the scale and nature of the offending, absence of proved remorse, and need for punishment, denunciation and deterrence required a substantial custodial aggregate sentence, moderated by a 15% guilty plea discount, pre-sentence custody, stringent bail conditions, age, illness and special circumstances.

Jurisdiction
Australia
Judgment Date
17 May 2021
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty in the District Court
Outcome
Aggregate sentence of imprisonment of 7 years 6 months with a non-parole period of 4 years 3 months.
Legal Topics
['money Laundering' 'dealing With Proceeds of Crime' 'obtaining Financial Advantage by False or Misleading Statements' 'use of False Instrument' 'possession of Prohibited Drug' 'form 1 Offences' 'victim Impact Statement' 'pre Sentence Custody and Bail Conditions' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['money Laundering' 'dealing With Proceeds of Crime' 'obtaining Financial Advantage by False or Misleading Statements' 'use of False Instrument' 'possession of Prohibited Drug' 'form 1 Offences' 'victim Impact Statement' 'pre Sentence Custody and Bail Conditions' 'guilty Plea Discount']

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty in the District Court

Legal Issues

  1. 1 ['What sentences should be imposed for one offence of obtaining financial advantage by false or misleading statements and three offences of dealing with proceeds of crime.' 'How the Form 1 offences should be taken into account on sentence.' "What discount should be allowed for the offender's pleas of guilty." 'How pre-sentence custody and stringent bail conditions should be taken into account.' 'Whether the offender had proved remorse, contrition, altruistic motivation or favourable prospects of rehabilitation.' 'What use could be made of the victim impact statement within the agreed facts and applicable legislative scheme.']

Ratio Decidendi

The offender engaged over many years in planned and sophisticated fraud-related conduct and dealings with proceeds of crime involving mortgage loans, causing significant harm and risk to the victim and financial institutions. His prior record, the scale and nature of the offending, absence of proved remorse, and need for punishment, denunciation and deterrence required a substantial custodial aggregate sentence, moderated by a 15% guilty plea discount, pre-sentence custody, stringent bail conditions, age, illness and special circumstances.

Court Disposition

Aggregate sentence of imprisonment of 7 years 6 months with a non-parole period of 4 years 3 months.

Orders

  • ['For count one, imprisonment for 1 year and 10 months after applying a 15% discount.' 'For count two, imprisonment for 5 years and 1 month after applying a 15% discount and taking into account the Form 1 offence.' 'For count three, imprisonment for 3 years and 4 months after applying a 15% discount.' 'For count...