Regina (CTH) v Nahi Nasri Gazal [2017] NSWDC 65

Regina (CTH) v Nahi Nasri Gazal [2017] NSWDC 65

The offender was convicted of dealing with money reasonably suspected of being proceeds of crime, involving substantial sums and extended planning. Mitigating facts advanced by the offender were not proved, including that the funds were received as a loan and that his son was threatened. The offender's mental condition justified limited reduction in the penalty, but objective seriousness required a custodial sentence. A discount of 5% was allowed for the plea of guilty. The appropriate sentence was 19 months imprisonment, with release on a recognisance to be of good behaviour after 10 months, for 9 months in the sum of $500.

Jurisdiction
Australia
Judgment Date
24 March 2017
Procedural Posture
Criminal / Sentence
Outcome
convicted
Legal Topics
['money Laundering' 'dealing With Proceeds of Crime' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'deterrence' 'plea of Guilty' 'mental Health in Sentencing']
['criminal Law'] ['money Laundering' 'dealing With Proceeds of Crime' 'sentencing' 'mitigating Factors' 'aggravating Factors' 'deterrence' 'plea of Guilty' 'mental Health in Sentencing']

Case Brief

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What is the appropriate sentence for dealing with money reasonably suspected of being proceeds of crime contrary to section 400.9(1) of the Criminal Code 1995 (Cth)?' "Should alleged mitigating facts regarding threats to offender's son and nature of the transaction as a loan be accepted?" "What weight should be given to offender's mental condition and plea of guilty in mitigation?"]

Ratio Decidendi

The offender was convicted of dealing with money reasonably suspected of being proceeds of crime, involving substantial sums and extended planning. Mitigating facts advanced by the offender were not proved, including that the funds were received as a loan and that his son was threatened. The offender's mental condition justified limited reduction in the penalty, but objective seriousness required a custodial sentence. A discount of 5% was allowed for the plea of guilty. The appropriate sentence was 19 months imprisonment, with release on a recognisance to be of good behaviour after 10 months, for 9 months in the sum of $500.

Court Disposition

convicted

Orders

  • ['The offender is convicted.' 'A term of imprisonment of 19 months is imposed from 24 March 2017.' 'The offender is to be released on a recognisance to be of good behaviour on 23 January 2018, after serving 10 months.' 'The term of the recognisance is 9 months, in the sum of $500.']