R v Tanya YOUKHANA [2011] NSWDC 63

R v Tanya YOUKHANA [2011] NSWDC 63

The offender, Tanya Youkhana, knowingly dealt with proceeds of crime and conducted transactions to avoid reporting requirements in a course of conduct involving significant sums. Despite good character and rehabilitation prospects, only a custodial sentence would do justice to the seriousness of her offences. She is convicted and sentenced accordingly, with benefit for early guilty plea and consideration of subjective circumstances significantly reducing the sentences imposed.

Jurisdiction
Australia
Judgment Date
22 February 2011
Procedural Posture
Criminal / Sentence
Outcome
Conviction and custodial sentence on both offences with immediate release order for Commonwealth offence; custodial sentence with parole for State offence.
Legal Topics
['proceeds of Crime' 'financial Reporting Offence' 'sentencing Procedure']
['criminal Law'] ['proceeds of Crime' 'financial Reporting Offence' 'sentencing Procedure']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Whether the offender knowingly dealt with proceeds of crime' 'Whether the offender conducted transactions to avoid reporting requirements' 'Appropriate sentencing for the offences']

Ratio Decidendi

The offender, Tanya Youkhana, knowingly dealt with proceeds of crime and conducted transactions to avoid reporting requirements in a course of conduct involving significant sums. Despite good character and rehabilitation prospects, only a custodial sentence would do justice to the seriousness of her offences. She is convicted and sentenced accordingly, with benefit for early guilty plea and consideration of subjective circumstances significantly reducing the sentences imposed.

Court Disposition

Conviction and custodial sentence on both offences with immediate release order for Commonwealth offence; custodial sentence with parole for State offence.

Orders

  • ['Convicted of s 31(1) Financial Transaction Reports Act 1988 (Cth); sentenced to one year; released forthwith on recognisance ($200) to be of good behaviour for 1 year per s 20(1)(b) Crimes Act 1914 (Cth).' 'Convicted of s 193B(2) Crimes Act 1900 (NSW); sentenced to one year and six months non-parole period (starts...