R v Rostankovski [2021] NSWDC 847

R v Rostankovski [2021] NSWDC 847

A custodial sentence is warranted reflecting the high quantum and objective gravity of the offences; substantial periods of imprisonment imposed, with appropriate concurrency and cumulative elements, applying totality and parity principles; 20% discount granted for guilty plea; extra-curial punishment and hardship to dependants did not merit further reduction. Rehabilitation prospects and remorse recognised; special circumstances found for reduced non-parole period for blackmail offence.

Jurisdiction
Australia
Judgment Date
01 April 2021
Procedural Posture
Criminal / Sentencing
Outcome
conviction and custodial sentence
Legal Topics
['sentencing' 'tax Fraud' 'blackmail' 'money Laundering' 'aid and Abet' 'federal Offences' 'state Offences' 'cooperation With Law Enforcement' 'discount for Guilty Plea' 'parity' 'totality']
['criminal Law'] ['sentencing' 'tax Fraud' 'blackmail' 'money Laundering' 'aid and Abet' 'federal Offences' 'state Offences' 'cooperation With Law Enforcement' 'discount for Guilty Plea' 'parity' 'totality']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for federal and state criminal offences: aiding and abetting tax fraud, blackmail, and money laundering; effect of cooperation with law enforcement on sentencing; impact of restraining order under Proceeds of Crime Act 2002 (Cth) as extra-curial punishment; suitable discount for guilty plea; application of parity and totality principles']

Ratio Decidendi

A custodial sentence is warranted reflecting the high quantum and objective gravity of the offences; substantial periods of imprisonment imposed, with appropriate concurrency and cumulative elements, applying totality and parity principles; 20% discount granted for guilty plea; extra-curial punishment and hardship to dependants did not merit further reduction. Rehabilitation prospects and remorse recognised; special circumstances found for reduced non-parole period for blackmail offence.

Court Disposition

conviction and custodial sentence

Orders

  • ['On count 2 (blackmail), 4 years imprisonment from 31 March 2021 to 30 March 2025; non-parole period of 2 years 5 months expiring 30 August 2023.' 'On counts 1 (aid and abet) and 3 (money laundering), aggregate sentence of 8 years imprisonment from 31 August 2023 to 30 August 2031; non-parole period of 4 years 9...