R v Ali, Ahmad; R v Elayouby, Elamira-Zahira; R v Moussa, Fouad [2020] NSWDC 56

R v Ali, Ahmad; R v Elayouby, Elamira-Zahira; R v Moussa, Fouad [2020] NSWDC 56

For money laundering offences under ss 11.2A(1) and 400.3(1) of the Criminal Code (Cth), the appropriate sentence must reflect the objective seriousness, offenders' roles, utilitarian value in pleas, and subjective factors. Where exceptional hardship to third parties is established by evidence, a substantial modification of sentence is justified. For Ms Elayouby, an Intensive Correction Order was imposed in lieu of full-time imprisonment owing to her low role, deprived background, exceptional hardship to her child, and rehabilitation prospects. For Mr Ali and Mr Moussa, full-time imprisonment was required due to offence gravity and roles, despite mitigating subjective factors.

Parties
Prosecutor: Commonwealth Director of Public Prosecutions; Offender: Ahmad Ali; Offender: Elamira-Zahira Elayouby; Offender: Fouad Moussa
Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Criminal / Sentence
Outcome
convictions and sentences imposed
Legal Topics
Money Laundering, Sentencing, Intensive Correction Order, Hardship to Third Parties, Structured Transactions, Objective Seriousness, Parity, Mental Health Considerations
Criminal Law Money Laundering Sentencing Intensive Correction Order Hardship to Third Parties Structured Transactions Objective Seriousness Parity +1 more

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Parties

Commonwealth Director of Public Prosecutions

Prosecutor

Ahmad Ali

Offender

Elamira-Zahira Elayouby

Offender

Fouad Moussa

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for dealing with money intended to become an instrument of crime under the Criminal Code (Cth)
  2. 2 Consideration of exceptional hardship to third parties in sentencing
  3. 3 Whether full-time imprisonment or Intensive Correction Order is appropriate given offenders' roles, background and rehabilitation prospects

Ratio Decidendi

For money laundering offences under ss 11.2A(1) and 400.3(1) of the Criminal Code (Cth), the appropriate sentence must reflect the objective seriousness, offenders' roles, utilitarian value in pleas, and subjective factors. Where exceptional hardship to third parties is established by evidence, a substantial modification of sentence is justified. For Ms Elayouby, an Intensive Correction Order was imposed in lieu of full-time imprisonment owing to her low role, deprived background, exceptional hardship to her child, and rehabilitation prospects. For Mr Ali and Mr Moussa, full-time imprisonment was required due to offence gravity and roles, despite mitigating subjective factors.

Court Disposition

convictions and sentences imposed

Orders

  • Fouad Moussa: Convicted and sentenced to 3 years 7 months imprisonment (1 year 9 months non-parole), plus recommendations for psychiatric support.
  • Ahmad Ali: Convicted and sentenced to 3 years 4 months imprisonment (1 year 6 months non-parole), plus recommendations for psychiatric support.