R v Ninos GEORGES [2011] NSWDC 61

R v Ninos GEORGES [2011] NSWDC 61

Although the proceeds of crime offence was objectively serious and required a custodial sentence, the offender’s plea of guilty, delay, prior and demonstrated good character, low risk of reoffending, rehabilitation, and other subjective circumstances justified reducing the sentence from one year and four months to twelve months and suspending its execution under s 12 Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Criminal Sentence for Dealing With Proceeds of Crime, With Form 1 Matters Taken Into Account / Sentencing After Plea of Guilty
Outcome
Offender convicted and sentenced to 12 months imprisonment, with execution suspended on condition of entering into a good behaviour bond for 12 months; remaining s 166 certificate matter withdrawn and dismissed.
Legal Topics
['proceeds of Crime' 'suspended Sentence' 'guilty Plea Discount' 'form 1 Offences' 'operation Schoale' 'possession of Prohibited Drug' 'possession of Prescribed Restricted Substance']
['criminal Law' 'sentencing'] ['proceeds of Crime' 'suspended Sentence' 'guilty Plea Discount' 'form 1 Offences' 'operation Schoale' 'possession of Prohibited Drug' 'possession of Prescribed Restricted Substance']

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Procedural Posture

Criminal Sentence for Dealing With Proceeds of Crime, With Form 1 Matters Taken Into Account / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for dealing with $200,250 in Australian currency being reckless as to whether it was proceeds of crime.' 'Whether the offender should receive a 25 per cent reduction for the guilty plea despite its lateness.' 'Whether the execution of the custodial sentence should be suspended under s 12 Crimes (Sentencing Procedure) Act 1999.' 'What weight should be given to delay, prior good character, rehabilitation, remorse, drug use, and the Form 1 matters.']

Ratio Decidendi

Although the proceeds of crime offence was objectively serious and required a custodial sentence, the offender’s plea of guilty, delay, prior and demonstrated good character, low risk of reoffending, rehabilitation, and other subjective circumstances justified reducing the sentence from one year and four months to twelve months and suspending its execution under s 12 Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Offender convicted and sentenced to 12 months imprisonment, with execution suspended on condition of entering into a good behaviour bond for 12 months; remaining s 166 certificate matter withdrawn and dismissed.

Orders

  • ['Ninos Georges is convicted of dealing in the proceeds of crime being reckless as to whether it was the proceeds of crime.' 'The Form 1 matters are taken into account in imposing sentence.' 'The offender is sentenced to imprisonment for 12 months.' 'Pursuant to s 12 Crimes (Sentencing Procedure) Act 1999, execution...