R v FF [2023] NSWCCA 186

R v FF [2023] NSWCCA 186

The aggregate sentence of 2 years and 6 months imposed by way of ICO was manifestly inadequate given the respondent's significant role in laundering over $8.5 million, the objective seriousness, applicable principles of deterrence, and the comparison to stronger undiscounted sentences in less serious related offences. The degree of concurrency was not justified. The Court exercised its discretion to set aside the sentence and resentence the respondent to 4 years imprisonment with a non-parole period of 2 years and 6 months.

Parties
Appellant: Rex; Respondent: FF
Jurisdiction
Australia
Judgment Date
26 July 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal and Resentencing
Outcome
Appeal allowed; respondent resentenced.
Legal Topics
Money Laundering, Proceeds of Crime, Sentencing, Crown Appeal Against Sentence, Manifest Inadequacy, Parity
Criminal Law Money Laundering Proceeds of Crime Sentencing Crown Appeal Against Sentence Manifest Inadequacy Parity

Case Brief

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Parties

Rex

Appellant

FF

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal and Resentencing

Legal Issues

  1. 1 Whether the sentence imposed on the respondent was manifestly inadequate
  2. 2 Whether, if manifestly inadequate, the Court should exercise its residual discretion not to intervene

Ratio Decidendi

The aggregate sentence of 2 years and 6 months imposed by way of ICO was manifestly inadequate given the respondent's significant role in laundering over $8.5 million, the objective seriousness, applicable principles of deterrence, and the comparison to stronger undiscounted sentences in less serious related offences. The degree of concurrency was not justified. The Court exercised its discretion to set aside the sentence and resentence the respondent to 4 years imprisonment with a non-parole period of 2 years and 6 months.

Court Disposition

Appeal allowed; respondent resentenced.

Orders

  • The appeal is allowed.
  • The sentence imposed on the respondent in the District Court on 15 December 2022 is set aside.