R v Kurtulmus [2020] NSWDC 149

R v Kurtulmus [2020] NSWDC 149

A custodial sentence is appropriate given the objective seriousness, including the amount ($1,912,070) and number of transactions over a short period, the offender's participation in a criminal group, and the need for deterrence and denunciation. Delay between offending and prosecution and progress in rehabilitation are special circumstances warranting a reduction in the custodial component and extension of the parole period, but do not obviate the need for imprisonment. The Form 1 offence requires an appropriate increase in the sentence. The discount for early plea (25%) is applied. Non-custodial options (including intensive corrections order) are not suitable given seriousness and head...

Jurisdiction
Australia
Judgment Date
26 March 2020
Procedural Posture
Criminal / Sentencing
Outcome
Sentence of imprisonment imposed.
Legal Topics
['money Laundering' 'sentencing Procedure' 'dealing With Proceeds of Crime' 'participation in Criminal Group' 'delay in Prosecution' 'relevant Factors in Sentencing']
['criminal Law'] ['money Laundering' 'sentencing Procedure' 'dealing With Proceeds of Crime' 'participation in Criminal Group' 'delay in Prosecution' 'relevant Factors in Sentencing']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for dealing with proceeds of crime under s 193B(3) Crimes Act 1900' 'Impact of Form 1 offence (participation in criminal group s 93T(1) Crimes Act) on principal sentence' 'Effect of delay between offending and prosecution on sentencing' 'Assessment of rehabilitation, contrition and remorse for sentencing purposes' 'Objective and subjective seriousness of offending']

Ratio Decidendi

A custodial sentence is appropriate given the objective seriousness, including the amount ($1,912,070) and number of transactions over a short period, the offender's participation in a criminal group, and the need for deterrence and denunciation. Delay between offending and prosecution and progress in rehabilitation are special circumstances warranting a reduction in the custodial component and extension of the parole period, but do not obviate the need for imprisonment. The Form 1 offence requires an appropriate increase in the sentence. The discount for early plea (25%) is applied. Non-custodial options (including intensive corrections order) are not suitable given seriousness and head...

Court Disposition

Sentence of imprisonment imposed.

Orders

  • ['Sentence of imprisonment of 3 years 4 months and 15 days, with a non-parole period of 1 year 4 months commencing 25 March 2020. Offender eligible for release on parole on 24 July 2021.' 'Exhibits to be left on file.']