Merheb v R [2024] NSWCCA 145

Merheb v R [2024] NSWCCA 145

Reading the sentencing remarks as a whole, the judge did not use the statement that it was reasonable to infer the monies were the proceeds of a fraud related crime to sentence the applicant for a more serious offence involving recklessness, negligence, knowledge or belief; the judge referred to s 400.9(1), the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 August 2024
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['de Simoni Principle' 'dealing With Property Reasonably Suspected of Being Proceeds of Crime' 'absolute Liability' 'procedural Fairness' 'gambling Addiction and Prospects of Rehabilitation']
['criminal Law' 'sentencing' 'criminal Appeals'] ['de Simoni Principle' 'dealing With Property Reasonably Suspected of Being Proceeds of Crime' 'absolute Liability' 'procedural Fairness' 'gambling Addiction and Prospects of Rehabilitation']

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge breached the principle in The Queen v De Simoni by finding that it was reasonable to infer that monies in count 2 were the proceeds of a fraud related crime.' 'Whether the sentencing judge denied procedural fairness by referring to an understanding that video gaming competitions involved a form of gambling without evidence or submissions on that matter.']

Ratio Decidendi

Reading the sentencing remarks as a whole, the judge did not use the statement that it was reasonable to infer the monies were the proceeds of a fraud related crime to sentence the applicant for a more serious offence involving recklessness, negligence, knowledge or belief; the judge referred to s 400.9(1), the correct maximum penalty and absolute liability. Although the remark about gaming competitions involving a form of gambling should not have been made, it was not material to the assessment of the applicant's prospects of reoffending, which was based on his failure to address gambling addiction and his failures to comply with court orders. No practical injustice arose.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Grant leave to appeal.' 'Dismiss the appeal.']