R v David Michael WILLS [2013] NSWDC 3

R v David Michael WILLS [2013] NSWDC 3

The offender, a senior executive, was convicted of multiple offences involving receipt of corrupt benefits, money laundering, and conspiracy to launder proceeds. Given the deliberate, calculated, systematic nature of the offending, breach of trust, substantial financial gain, and aggravating features, only a custodial sentence is appropriate. Aggregate sentencing reflecting the total criminality was imposed, with allowance for special circumstances (ill health, delay), and individualised sentences for each offence. The aggregate sentence is 7 years imprisonment with a non-parole period of 4 years, parole period of 3 years.

Jurisdiction
Australia
Judgment Date
18 January 2013
Procedural Posture
Criminal / Sentence
Outcome
conviction and sentence
Legal Topics
['corrupt Benefits' 'money Laundering' 'fraud' 'breach of Trust' 'sentencing Principles' 'delay' 'ill Health']
['criminal Law'] ['corrupt Benefits' 'money Laundering' 'fraud' 'breach of Trust' 'sentencing Principles' 'delay' 'ill Health']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Sentencing for receipt of corrupt benefits under s 249B Crimes Act 1900' 'Sentencing for money laundering under s 73(2) Confiscation of Proceeds of Crime Act 1989' 'Sentencing for conspiracy to engage in money laundering transactions' 'Aggregate sentencing principles' 'Consideration of delay and ill health in sentencing']

Ratio Decidendi

The offender, a senior executive, was convicted of multiple offences involving receipt of corrupt benefits, money laundering, and conspiracy to launder proceeds. Given the deliberate, calculated, systematic nature of the offending, breach of trust, substantial financial gain, and aggravating features, only a custodial sentence is appropriate. Aggregate sentencing reflecting the total criminality was imposed, with allowance for special circumstances (ill health, delay), and individualised sentences for each offence. The aggregate sentence is 7 years imprisonment with a non-parole period of 4 years, parole period of 3 years.

Court Disposition

conviction and sentence

Orders

  • ['Aggregate sentence of 7 years imprisonment imposed, consisting of a non-parole period of 4 years commencing 18 January 2013 and expiring 17 January 2017.' 'Eligible for consideration for parole release on 17 January 2017; parole period of 3 years commencing 18 January 2017 and expiring 17 January 2020.' 'Medical...