R v PERREAU [2011] NSWDC 234

R v PERREAU [2011] NSWDC 234

Significant prosecution delay, voluntary cessation of offending, demonstrated remorse, and absence of criminal history constitute mitigating factors substantial enough to warrant a suspended sentence under s20(1)(b) of the Commonwealth Crimes Act, rather than immediate imprisonment.

Parties
Prosecutor: The Crown - Commonwealth; Offender: Ian Clifton Perreau; Prosecutor: Commonwealth Director of Public Prosecutions; Offender: Nyman Gibson Stewart
Jurisdiction
Australia
Judgment Date
18 November 2011
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to imprisonment for twelve months, execution suspended.
Legal Topics
Disposed of Money Reasonably Suspected as Proceeds of Crime, Delay in Prosecution, Sentencing, General Deterrence
Criminal Law Disposed of Money Reasonably Suspected as Proceeds of Crime Delay in Prosecution Sentencing General Deterrence

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Parties

The Crown - Commonwealth

Prosecutor

Ian Clifton Perreau

Offender

Commonwealth Director of Public Prosecutions

Prosecutor

Nyman Gibson Stewart

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Disposition of money reasonably suspected to be proceeds of crime
  2. 2 Impact of prosecutorial delay on sentencing
  3. 3 Appropriateness of suspended sentence

Ratio Decidendi

Significant prosecution delay, voluntary cessation of offending, demonstrated remorse, and absence of criminal history constitute mitigating factors substantial enough to warrant a suspended sentence under s20(1)(b) of the Commonwealth Crimes Act, rather than immediate imprisonment.

Court Disposition

Sentenced to imprisonment for twelve months, execution suspended.

Orders

  • Imprisonment for twelve months suspended under s20(1)(b) of Commonwealth Crimes Act
  • Offender to give self security in sum of $1000 without surety