R v Menzies [2023] NSWDC 535

R v Menzies [2023] NSWDC 535

The defendant, Simon Menzies, was convicted on 14 counts of dealing with property reasonably suspected of being proceeds of crime under s193C(2), with the jury rejecting his statutory defence; given the seriousness of a continuing course of conduct involving significant sums and a lack of remorse, the court imposed an aggregate sentence of four years' imprisonment with a non-parole period of three years, reflecting the need for deterrence and the medium to high risk of reoffending.

Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Criminal / Sentence After Jury Conviction
Outcome
convicted and sentenced to imprisonment
Legal Topics
['dealing With Property Reasonably Suspected of Being Proceeds of Crime' 'business Email Compromise Fraud' 'sentencing Procedure' 'aggregate Sentencing' 'parity' 'deterrence']
['criminal Law'] ['dealing With Property Reasonably Suspected of Being Proceeds of Crime' 'business Email Compromise Fraud' 'sentencing Procedure' 'aggregate Sentencing' 'parity' 'deterrence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence After Jury Conviction

Legal Issues

  1. 1 ['Whether the defendant dealt with property reasonably suspected of being the proceeds of crime (less than $100,000) under s193C(2)' 'Whether the statutory defence to s193C(2)(4) is available to the defendant' 'Appropriate sentencing for multiple offences involving proceeds of crime' "Consideration of parity with co-offender's sentence"]

Ratio Decidendi

The defendant, Simon Menzies, was convicted on 14 counts of dealing with property reasonably suspected of being proceeds of crime under s193C(2), with the jury rejecting his statutory defence; given the seriousness of a continuing course of conduct involving significant sums and a lack of remorse, the court imposed an aggregate sentence of four years' imprisonment with a non-parole period of three years, reflecting the need for deterrence and the medium to high risk of reoffending.

Court Disposition

convicted and sentenced to imprisonment

Orders

  • ['Convicted on all 14 counts under s193C(2) Crimes Act 1900.' 'Counts 1 and 6: indicative sentence of 6 months each.' 'Counts 2-5, 7-14: indicative sentence of 18 months each.' "Aggregate sentence: 4 years' imprisonment commencing 4 August 2023, non-parole period of 3 years (eligible for parole on 3 August 2026),...