R v Shahudin [2021] NSWDC 163

R v Shahudin [2021] NSWDC 163

Given the offender’s low-level involvement, plea of guilty, remorse, good character, cooperation, and significant time already spent in custody, a conditional release order without passing sentence was appropriate under s 20(1)(a) Crimes Act 1914 (Cth).

Parties
Prosecution: Regina (Crown); Offender: Mohammad Shahudin
Jurisdiction
Australia
Judgment Date
15 March 2021
Procedural Posture
Criminal / Sentencing
Outcome
conditional release order without passing sentence
Legal Topics
Sentencing, Federal Offences, Mitigating Factors, Recognisance, Circumstances of Offence, Co Offenders, Deterrence, Purposes of Sentencing
Criminal Law Sentencing Federal Offences Mitigating Factors Recognisance Circumstances of Offence Co Offenders Deterrence +1 more

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Parties

Regina (Crown)

Prosecution

Mohammad Shahudin

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for offence under s 308‑125 of the Taxation Administration Act 1953 (Cth)
  2. 2 Consideration of mitigating factors including guilty plea, remorse, good character, and likelihood of re-offending
  3. 3 Assessment of objective seriousness and need for deterrence given excise forgone

Ratio Decidendi

Given the offender’s low-level involvement, plea of guilty, remorse, good character, cooperation, and significant time already spent in custody, a conditional release order without passing sentence was appropriate under s 20(1)(a) Crimes Act 1914 (Cth).

Court Disposition

conditional release order without passing sentence

Orders

  • The offender is convicted of the offence.
  • Conditional release pursuant to s 20(1)(a) Crimes Act 1914 (Cth), subject to entering into a recognisance, self, in the sum of $100.