R v Liu [2020] NSWDC 617

R v Liu [2020] NSWDC 617

Although the offender dealt with a relatively large sum of cash in a scheme involving drug supply and should have recognised the scheme was suspicious, his culpability was below mid-range because there was no direct evidence of profit or knowledge of the drug scheme, he was of prior good character, remorseful, and pleaded guilty at the earliest opportunity. A starting head sentence of two years was reduced by 25% to one year and six months, with the non-parole period fixed at time served.

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
Offender convicted and sentenced to imprisonment for a total term of 1 year 6 months, with a non-parole period of 1 year 2 months and 21 days being time served, and eligible to be considered for release on 25 September 2020.
Legal Topics
['recklessly Dealing With Proceeds of Crime' 'proceeds of Crime' 'guilty Plea Discount' 'non Parole Period' 'prior Good Character']
['criminal Law' 'sentencing'] ['recklessly Dealing With Proceeds of Crime' 'proceeds of Crime' 'guilty Plea Discount' 'non Parole Period' 'prior Good Character']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for recklessly dealing with $200,000 as proceeds of crime contrary to s 193B(3) of the Crimes Act 1900.' "Whether the offender's culpability, prior good character, remorse, guilty plea and time already served justified a non-parole period equal to time served."]

Ratio Decidendi

Although the offender dealt with a relatively large sum of cash in a scheme involving drug supply and should have recognised the scheme was suspicious, his culpability was below mid-range because there was no direct evidence of profit or knowledge of the drug scheme, he was of prior good character, remorseful, and pleaded guilty at the earliest opportunity. A starting head sentence of two years was reduced by 25% to one year and six months, with the non-parole period fixed at time served.

Court Disposition

Offender convicted and sentenced to imprisonment for a total term of 1 year 6 months, with a non-parole period of 1 year 2 months and 21 days being time served, and eligible to be considered for release on 25 September 2020.

Orders

  • ['Chailo Carl Liu is convicted on the charge that on 26 June 2019 at Mascot he did deal with the proceeds of crime, namely $200,000, being reckless as to whether it was the proceeds of crime.' 'The offender is sentenced to imprisonment for a total sentence of 1 year and 6 months.' 'A non-parole period of 1 year 2...