McRae v R [2023] NSWCCA 55

McRae v R [2023] NSWCCA 55

Leave to appeal was granted but the appeal was dismissed because the challenged findings about the applicant opening bank accounts and transferring or authorising transfers were open on the evidence and available inferences, the sentencing judge did not conflate the applicant's role with co-offenders or higher-level participants, and the applicant did not demonstrate that the sentence was manifestly excessive.

Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['dealing With Proceeds of Crime' 'money Laundering' 'recklessness as to Proceeds of Crime' 'property Reasonably Suspected to Be Proceeds of Crime' 'objective Seriousness' 'manifest Excess' 'factual Findings on Sentence']
['criminal Law' 'sentencing' 'criminal Appeals'] ['dealing With Proceeds of Crime' 'money Laundering' 'recklessness as to Proceeds of Crime' 'property Reasonably Suspected to Be Proceeds of Crime' 'objective Seriousness' 'manifest Excess' 'factual Findings on Sentence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred in assessing the role of the applicant, including by having undue regard to the activities of co-offenders.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

Leave to appeal was granted but the appeal was dismissed because the challenged findings about the applicant opening bank accounts and transferring or authorising transfers were open on the evidence and available inferences, the sentencing judge did not conflate the applicant's role with co-offenders or higher-level participants, and the applicant did not demonstrate that the sentence was manifestly excessive.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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