R v Whittall [2019] NSWDC 606

The objective seriousness of the offending (quantum and length of criminality) mandated a period of imprisonment, with a 30% total discount applied for plea, assistance, and rehabilitation. The offender was sentenced to two terms of 11 months imprisonment, with partial accumulation, and ordered to serve a minimum of six months before release to recognisance for 18 months good behaviour.

Parties: Prosecutor: Crown; Offender: Charles Anthony Whittall
Jurisdiction: Australia
Judgment Date: 20 September 2019
Procedural Posture: Criminal / Sentence
Outcome: convicted
Legal Topics: Proceeds of Crime, Money Laundering, Sentencing

Criminal Law Proceeds of Crime Money Laundering Sentencing

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 9

Parties

Crown

Prosecutor

Charles Anthony Whittall

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

1 appropriate sentence for offences of dealing with proceeds of crime under s 4.9(1) of the Commonwealth Criminal Code
2 assessment of objective seriousness based on quantum, number of dealings, and period of offending
3 consideration of mitigating factors, discounts, character, antecedents, and prospects of rehabilitation

Ratio Decidendi

Court Disposition

convicted

Orders

Offender convicted on both counts.
Sentence of 11 months imprisonment on Count 1, commencing 20 September 2019, expiring 19 August 2020.