R v Natasha YOUKHANA [2011] NSWDC 205

R v Natasha YOUKHANA [2011] NSWDC 205

Given the seriousness of the offences, substantial sums of illicit funds involved, the offender’s willing, sustained and active participation in laundering and concealing proceeds of crime—including while on bail—and attempts to minimise culpability, a significant custodial sentence is warranted despite her prior good character, remorse, partial assistance, and reduced capacity for future offending. A reduction for utilitarian value of guilty plea is justified, but overall seriousness and principles of deterrence necessitate substantial imprisonment.

Parties
Prosecutor: Regina; Defendant: Natasha Youkhana
Jurisdiction
Australia
Judgment Date
20 December 2011
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced to a total effective sentence of 4 years 6 months imprisonment with a 3 years non-parole period
Legal Topics
Money Laundering, Proceeds of Crime, Perverting the Course of Justice, Giving False Evidence, Avoiding Reporting Requirements
Criminal Law Money Laundering Proceeds of Crime Perverting the Course of Justice Giving False Evidence Avoiding Reporting Requirements

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Parties

Regina

Prosecutor

Natasha Youkhana

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentences for offences relating to avoidance of reporting requirements, giving false evidence, perverting the course of justice, and knowingly dealing with proceeds of crime
  2. 2 Effect of guilty plea on sentencing
  3. 3 Role of the offender's motivation and personal circumstances in sentencing

Ratio Decidendi

Given the seriousness of the offences, substantial sums of illicit funds involved, the offender’s willing, sustained and active participation in laundering and concealing proceeds of crime—including while on bail—and attempts to minimise culpability, a significant custodial sentence is warranted despite her prior good character, remorse, partial assistance, and reduced capacity for future offending. A reduction for utilitarian value of guilty plea is justified, but overall seriousness and principles of deterrence necessitate substantial imprisonment.

Court Disposition

convicted and sentenced to a total effective sentence of 4 years 6 months imprisonment with a 3 years non-parole period

Orders

  • Count 4 (conduct dealing to avoid reporting requirements): fixed term 9 months' imprisonment commencing 13 December 2011 and expiring 12 September 2012.
  • Count 2 (give evidence at hearing that is false/misleading): fixed term 9 months' imprisonment commencing 13 March 2012 and expiring 12 December 2012.