Bazzi v R [2024] NSWDC 491

Bazzi v R [2024] NSWDC 491

The magistrate failed to consider the statutory defence under s 193C(4) Crimes Act 1900 and to apply the correct onus of proof. On reconsideration, the appellant established on the balance of probabilities that the money found was from a legitimate source. The appeal is allowed, the conviction and related orders are set aside, and the aggregate term of imprisonment varied and to be served by way of ICO.

Parties
Appellant: Hussein Bazzi; Crown: Rex
Jurisdiction
Australia
Judgment Date
18 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From Local Court to District Court
Outcome
Appeal allowed
Legal Topics
Appeals, Proceeds of Crime, Sentencing Procedures
Criminal Law Appeals Proceeds of Crime Sentencing Procedures

Case Brief

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Parties

Hussein Bazzi

Appellant

Rex

Crown

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From Local Court to District Court

Legal Issues

  1. 1 Whether the magistrate erred in finding the cash in possession was proceeds of crime
  2. 2 Whether there was sufficient evidence regarding the legitimate source of the money
  3. 3 Whether the defence under s 193C(4) Crimes Act 1900 was established

Ratio Decidendi

The magistrate failed to consider the statutory defence under s 193C(4) Crimes Act 1900 and to apply the correct onus of proof. On reconsideration, the appellant established on the balance of probabilities that the money found was from a legitimate source. The appeal is allowed, the conviction and related orders are set aside, and the aggregate term of imprisonment varied and to be served by way of ICO.

Court Disposition

Appeal allowed

Orders

  • Conviction and penalty for sequence 006 set aside
  • Forfeiture order for sequence 006 set aside