R v Sanchez [2015] NSWDC 394

R v Sanchez [2015] NSWDC 394

A sentence of 12 months imprisonment is appropriate for the offence of dealing with money reasonably suspected of being the proceeds of crime, with a 40% reduction for plea and assistance, balanced against the need to deter and reflect the objective seriousness of the conduct. Release on recognizance after 6 months is warranted due to significant and useful assistance and prior good character.

Parties
Prosecution: The Crown; Offender: Mario Sanchez
Jurisdiction
Australia
Judgment Date
27 August 2015
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to 12 months imprisonment; released after 6 months on recognizance release order; forfeiture order made under Proceeds of Crime Act.
Legal Topics
Sentence, Dealing With Money Reasonably Suspected of Being the Proceeds of Crime
Criminal Law Sentence Dealing With Money Reasonably Suspected of Being the Proceeds of Crime

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Parties

The Crown

Prosecution

Mario Sanchez

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether sentencing the offender to a further period of full time custody is appropriate for dealing with money reasonably suspected of being the proceeds of crime

Ratio Decidendi

A sentence of 12 months imprisonment is appropriate for the offence of dealing with money reasonably suspected of being the proceeds of crime, with a 40% reduction for plea and assistance, balanced against the need to deter and reflect the objective seriousness of the conduct. Release on recognizance after 6 months is warranted due to significant and useful assistance and prior good character.

Court Disposition

Sentenced to 12 months imprisonment; released after 6 months on recognizance release order; forfeiture order made under Proceeds of Crime Act.

Orders

  • Imprisonment for 12 months commencing 31 March 2015.
  • To be released after serving 6 months (30 September 2015) upon entering into a recognizance to be of good behaviour for a period of 6 months expiring on 30 March 2016.