R v Tooth [2013] NSWDC 120

R v Tooth [2013] NSWDC 120

A sentence of two years and one week full-time custody, with a non-parole period of twelve months, was appropriate for the offender's reckless dealing with proceeds of crime, reflecting the gravity of the offending, the substantial benefit obtained, the importance of general/personal deterrence, the offender's extensive prior criminal history as an aggravating factor, his significant albeit not unique cooperation justifying a fifty-five percent total discount, and the presence of special circumstances warranting an extended parole period.

Jurisdiction
Australia
Judgment Date
11 February 2013
Procedural Posture
Sentence / Sentencing Judgment
Outcome
Convicted and sentenced to imprisonment for 2 years and 1 week, with a non-parole period of 12 months.
Legal Topics
['sentencing' 'dealing With Proceeds of Crime' 'plea of Guilty' 'cooperation With Authorities' 'parity of Sentences' 'special Circumstances' 'aggravating and Mitigating Circumstances']
['criminal Law'] ['sentencing' 'dealing With Proceeds of Crime' 'plea of Guilty' 'cooperation With Authorities' 'parity of Sentences' 'special Circumstances' 'aggravating and Mitigating Circumstances']

Case Brief

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Procedural Posture

Sentence / Sentencing Judgment

Legal Issues

  1. 1 ['Appropriate sentence for dealing with proceeds of crime under s 193B(3) Crimes Act 1900' 'Assessment and quantification of discount for guilty plea and cooperation' 'Application of parity principles to co-offenders' 'Consideration of prior criminal history as aggravating factor' 'Determination of special circumstances under s 44 Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

A sentence of two years and one week full-time custody, with a non-parole period of twelve months, was appropriate for the offender's reckless dealing with proceeds of crime, reflecting the gravity of the offending, the substantial benefit obtained, the importance of general/personal deterrence, the offender's extensive prior criminal history as an aggravating factor, his significant albeit not unique cooperation justifying a fifty-five percent total discount, and the presence of special circumstances warranting an extended parole period.

Court Disposition

Convicted and sentenced to imprisonment for 2 years and 1 week, with a non-parole period of 12 months.

Orders

  • ['Convicted for offence under s 193B(3) Crimes Act 1900.' 'Sentenced to a term of imprisonment of 2 years and 1 week commencing 11 February 2013.' 'Non-parole period fixed at 12 months to expire on 10 February 2014.' 'Balance of sentence to expire on 17 February 2015.' 'Directed to be released to parole authority...