Tsakonas v R [2009] NSWCCA 258

Tsakonas v R [2009] NSWCCA 258

The sentencing judge did not materially err in treating prior convictions; the sentence imposed for the proceeds of crime offence was within the discretion allowed given the gravity, planning, and expectation of substantial reward; and refusal to find special circumstances was justified on the evidence.

Jurisdiction
Australia
Judgment Date
22 October 2009
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'money Laundering' 'manifest Excess' 'special Circumstances' 'criminal Record as Aggravating Factor']
['criminal Law'] ['sentencing' 'money Laundering' 'manifest Excess' 'special Circumstances' 'criminal Record as Aggravating Factor']

Case Brief

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Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Determination of Appeal

Legal Issues

  1. 1 ["Whether the sentencing judge erred in treating the applicant's criminal record as an aggravating factor" 'Whether the sentence imposed for the proceeds of crime offence was manifestly excessive' 'Whether the judge erred in not finding special circumstances']

Ratio Decidendi

The sentencing judge did not materially err in treating prior convictions; the sentence imposed for the proceeds of crime offence was within the discretion allowed given the gravity, planning, and expectation of substantial reward; and refusal to find special circumstances was justified on the evidence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']