Akoum v The King

This appeal against sentence was heard by the Supreme Court of Western Australia. The appellant was convicted on his plea of guilty of one count of dealing with money or other property, it being reasonable to suspect that such money or other property was proceeds of crime, and, at the time of dealing, the value of the money or property was $100,000 or more, contrary to s 400.9(1) of the Criminal Code Act 1995 (Cth). He was sentenced to 12 months' immediate imprisonment to be released on a recognisance to be of good behaviour in the sum of $5,000 after serving 6 months of the term. The appeal was based on the parity principle, alleging that the sentence imposed on the appellant breached the principle of parity because, when compared to the sentence imposed on a related offender, it gave rise to a justifiable sense of grievance on the part of the appellant. The court found that the appellant's offending, serious as it undoubtedly was, was not of the same magnitude of seriousness as that of the related offender, and the insufficient disparity between the sentences imposed on the appellant and the related offender gave rise to a legitimate or justifiable sense of grievance on the part of the appellant. The appeal was allowed and the appellant was resentenced to 8 months' imprisonment.