R v Chalabian (No. 14) [2022] NSWSC 829

R v Chalabian (No. 14) [2022] NSWSC 829

The offender, a practising solicitor, played a critical and indispensable role in laundering approximately $24 million in proceeds of crime over three months, utilising his legal expertise, trust account, and professional status to conceal criminal conduct. He acted with belief in the unlawful nature of the funds from early February 2017 and for his own financial benefit. The high objective gravity, breach of professional duties, need for general deterrence, and parity with co-offenders required a substantial full-time custodial sentence. Mitigating circumstances including prior good character, family hardship, partial cooperation in the conduct of the trial, and rehabilitation prospects...

Jurisdiction
Australia
Judgment Date
23 June 2022
Procedural Posture
Criminal / Sentencing After Trial and Conviction
Outcome
offender sentenced to full-time imprisonment
Legal Topics
['money Laundering' 'sentencing' 'proceeds of Crime' 'professional Misconduct by Solicitor']
['criminal Law'] ['money Laundering' 'sentencing' 'proceeds of Crime' 'professional Misconduct by Solicitor']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing After Trial and Conviction

Legal Issues

  1. 1 ['Appropriate sentence for solicitor convicted of money laundering under s.400.3(1) Criminal Code (Cth)' 'Assessment of objective gravity and moral culpability of the offence' 'Relevance and weight of prior good character and professional status on sentencing' 'Application of general deterrence and parity principles in sentencing']

Ratio Decidendi

The offender, a practising solicitor, played a critical and indispensable role in laundering approximately $24 million in proceeds of crime over three months, utilising his legal expertise, trust account, and professional status to conceal criminal conduct. He acted with belief in the unlawful nature of the funds from early February 2017 and for his own financial benefit. The high objective gravity, breach of professional duties, need for general deterrence, and parity with co-offenders required a substantial full-time custodial sentence. Mitigating circumstances including prior good character, family hardship, partial cooperation in the conduct of the trial, and rehabilitation prospects...

Court Disposition

offender sentenced to full-time imprisonment

Orders

  • ['For the offence of money laundering contrary to s.400.3(1) Criminal Code (Cth), the offender is sentenced to imprisonment for a term of 12 years, comprising a non-parole period of seven years and six months commencing on 23 June 2022 and expiring on 22 December 2029, with a balance of term of four years and six...