Regina v Denigris [2005] NSWCCA 228

Regina v Denigris [2005] NSWCCA 228

The sentencing judge erred in imposing a twelve month fixed term for money laundering with no concurrency with the related s 178BA offence because the money laundering transaction was substantially part of the same transaction, although it involved some additional criminality. The appropriate correction was to reduce the money laundering sentence to six months and resentence offence 6 to a nine month fixed term commencing three months after the money laundering sentence. The other grounds failed: the variations removed much of any apparent disparity with Mr Hovan; comparison with Mr Hovan was complicated by different offences, concurrent sentences, restitution, and prior convictions; the...

Jurisdiction
Australia
Judgment Date
04 July 2005
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence and Appeal From Sentences Imposed in the District Court
Outcome
Leave to appeal against sentence granted; appeal allowed in part; otherwise the sentences imposed by the sentencing judge confirmed.
Legal Topics
['money Laundering' 'obtaining Money by Deception' 'false Instruments' 'concurrency and Cumulation of Sentences' 'parity and Justifiable Sense of Grievance' 'guilty Plea Discount' 'assistance to Authorities' 'manifest Excess']
['criminal Law' 'sentencing'] ['money Laundering' 'obtaining Money by Deception' 'false Instruments' 'concurrency and Cumulation of Sentences' 'parity and Justifiable Sense of Grievance' 'guilty Plea Discount' 'assistance to Authorities' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence and Appeal From Sentences Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred by failing to order the money laundering sentence to be served concurrently with the sentence for the related s 178BA Crimes Act offence concerning AGC.' "Whether disparity between the applicant's sentences and Mr Hovan's sentence created a justifiable sense of grievance." "Whether the sentencing judge gave inadequate weight to the applicant's pleas of guilty." "Whether the sentencing judge gave inadequate weight to the applicant's assistance to authorities." 'Whether the sentence for the fraud upon Food Equipment Distributions Pty Ltd was manifestly excessive.']

Ratio Decidendi

The sentencing judge erred in imposing a twelve month fixed term for money laundering with no concurrency with the related s 178BA offence because the money laundering transaction was substantially part of the same transaction, although it involved some additional criminality. The appropriate correction was to reduce the money laundering sentence to six months and resentence offence 6 to a nine month fixed term commencing three months after the money laundering sentence. The other grounds failed: the variations removed much of any apparent disparity with Mr Hovan; comparison with Mr Hovan was complicated by different offences, concurrent sentences, restitution, and prior convictions; the...

Court Disposition

Leave to appeal against sentence granted; appeal allowed in part; otherwise the sentences imposed by the sentencing judge confirmed.

Orders

  • ['Leave to appeal against sentence granted.' 'Allow the appeal against sentence in part.' 'Quash the sentence imposed by the sentencing judge for the money laundering offence and in lieu thereof impose a sentence of a fixed term of imprisonment of six months commencing on 20 November 2002.' 'Quash the sentence...