R v Patrick Willmott [2023] NSWSC 474

R v Patrick Willmott [2023] NSWSC 474

The offences were at the mid-range of objective seriousness, involving significant loss to the Commonwealth and sophisticated planning, with Mr Willmott's role above certain co-conspirators but below architects of the scheme. Absence of remorse and lack of good rehabilitation prospects, combined with the need for general deterrence, warranted full-time imprisonment with a substantial non-parole period. A period of accumulation between sentences reflected the separate serious criminality. A single non-parole period was imposed as required by statute.

Parties
Crown: Rex; Offender: Patrick John Willmott
Jurisdiction
Australia
Judgment Date
05 May 2023
Procedural Posture
Criminal / Sentence
Outcome
Mr Willmott is sentenced to a total effective head sentence of 9 years' imprisonment with a single non-parole period of 6 years.
Legal Topics
Federal Offences, Conspiracy to Defraud, Money Laundering, Sentence, Deterrence, Objective Seriousness, Course of Conduct, Contrition, Co Operation
Criminal Law Federal Offences Conspiracy to Defraud Money Laundering Sentence Deterrence Objective Seriousness Course of Conduct +2 more

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Parties

Rex

Crown

Patrick John Willmott

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Determination of appropriate sentence for conspiracy to defraud the Commonwealth and money laundering under Commonwealth law
  2. 2 Assessment of objective seriousness and relative culpability in conspiracies
  3. 3 Consideration of deterrence, punishment, rehabilitation, and impact on dependents

Ratio Decidendi

The offences were at the mid-range of objective seriousness, involving significant loss to the Commonwealth and sophisticated planning, with Mr Willmott's role above certain co-conspirators but below architects of the scheme. Absence of remorse and lack of good rehabilitation prospects, combined with the need for general deterrence, warranted full-time imprisonment with a substantial non-parole period. A period of accumulation between sentences reflected the separate serious criminality. A single non-parole period was imposed as required by statute.

Court Disposition

Mr Willmott is sentenced to a total effective head sentence of 9 years' imprisonment with a single non-parole period of 6 years.

Orders

  • Mr Willmott is sentenced to a term of imprisonment of 5 years to commence on 21 March 2023 and expire on 20 March 2028 for the tax fraud conspiracy.
  • Mr Willmott is sentenced to a term of imprisonment of 7 years to commence on 21 March 2025 and expire on 20 March 2032 for the money laundering conspiracy.