R v AA (No 3) [2019] NSWSC 1892

R v AA (No 3) [2019] NSWSC 1892

Given the seriousness of the offence (but below the mid-range), the exceptional subjective circumstances of the offender (including being an Iranian resident and employee of an Iranian company at the time, primary carer responsibilities, psychological evidence, and early guilty plea), general deterrence must be recognized, but a sentence of imprisonment served by intensive correction in the community (not full-time custodial sentence) is appropriate. A head sentence of two years' imprisonment, fully discounted for the guilty plea, is imposed by way of an Intensive Correction Order with standard and additional conditions to reflect both general deterrence and the offender’s circumstances.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Criminal / Sentence
Outcome
Conviction with sentence of 2 years' imprisonment by way of Intensive Correction Order in the community, with conditions.
Legal Topics
['sentencing' 'united Nations Sanctions' 'sanctions Enforcement' 'false Information Offences' 'extraterritorial Application']
['criminal Law'] ['sentencing' 'united Nations Sanctions' 'sanctions Enforcement' 'false Information Offences' 'extraterritorial Application']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for engaging in conduct that contravened a United Nations sanction enforcement law contrary to s 27(1) of the Charter of the United Nations Act 1945 (Cth)?' 'What is the effect of subjective and objective factors, including employment in Iran and the fact of being an Iranian citizen, on the assessment of culpability and appropriate sentence?' 'What impact does an early guilty plea, cooperation, and psychological factors have on sentencing?' 'Does the s 16BA offence (providing false information reckless as to its use by a Commonwealth entity) materially aggravate the primary offence?']

Ratio Decidendi

Given the seriousness of the offence (but below the mid-range), the exceptional subjective circumstances of the offender (including being an Iranian resident and employee of an Iranian company at the time, primary carer responsibilities, psychological evidence, and early guilty plea), general deterrence must be recognized, but a sentence of imprisonment served by intensive correction in the community (not full-time custodial sentence) is appropriate. A head sentence of two years' imprisonment, fully discounted for the guilty plea, is imposed by way of an Intensive Correction Order with standard and additional conditions to reflect both general deterrence and the offender’s circumstances.

Court Disposition

Conviction with sentence of 2 years' imprisonment by way of Intensive Correction Order in the community, with conditions.

Orders

  • ['Convicted that, between about 19 March 2009 and about 1 April 2010, in Australia and elsewhere, the offender engaged in conduct contravening subs 27(1) of the Charter of the United Nations Act 1945 (Cth) (unauthorised sanctioned supplies under reg 10 of the Charter of the United Nations (Sanctions-Iran) Regulation...