R v Samuel BARRAZ [2008] NSWDC 93

R v Samuel BARRAZ [2008] NSWDC 93

A sentence reflecting the overall criminality, the seriousness of dealing with proceeds of crime and the use of false instruments, the aggravating circumstances including offending on bond for similar offences, and the utilitarian benefit of early guilty pleas is appropriate. The overall sentence is partially accumulative to reflect totality, resulting in an effective overall sentence of five years with a non-parole period of three years.

Parties
Prosecution: The Crown; Defendant: Samuel Barraz
Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Criminal / Sentence
Outcome
convicted and sentenced
Legal Topics
Sentencing, Proceeds of Crime, False Instrument
Criminal Law Sentencing Proceeds of Crime False Instrument

Case Brief

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Parties

The Crown

Prosecution

Samuel Barraz

Defendant

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for dealing with proceeds of crime and use of false instruments
  2. 2 Consideration of aggravating and mitigating factors under Crimes (Sentencing Procedure) Act

Ratio Decidendi

A sentence reflecting the overall criminality, the seriousness of dealing with proceeds of crime and the use of false instruments, the aggravating circumstances including offending on bond for similar offences, and the utilitarian benefit of early guilty pleas is appropriate. The overall sentence is partially accumulative to reflect totality, resulting in an effective overall sentence of five years with a non-parole period of three years.

Court Disposition

convicted and sentenced

Orders

  • Count 1: Fixed term imprisonment of 3 years from 18 June 2007.
  • Count 2: Imprisonment from 18 June 2008, non-parole period of 2 years, head sentence 3 years.