Horder v The Queen

The applicant, Horder, appealed against a sentence of five years imprisonment imposed by the Supreme Court of the Northern Territory for the offence of dealing with tainted monies. The appeal concerned whether the sentence was manifestly excessive in all the circumstances of the offence and the offender.

The central legal issues before the Court of Criminal Appeal were whether the charge of dealing with tainted monies constituted an abuse of process when the monies were derived from a supply offence with which the offender was also charged, and how the objective seriousness of the offence of dealing with tainted monies should be assessed under section 8(1) of the *Misuse of Drugs Act* (NT). The Court also considered whether a sentence of five years imprisonment was manifestly excessive.

The Court reasoned that while dealing with tainted monies derived from a supply offence does not constitute a separate act of criminality warranting an additional charge, it is not an abuse of process to charge both offences. Such overlap in conduct, elements, or criminality is properly addressed in the imposition of penalty, often through concurrent sentences. However, concurrency is not always necessary, particularly when the tainted monies originate from a source other than the supply offence. In assessing the objective seriousness of dealing with tainted monies, the Court held that consideration must be given to the amounts involved, the number and duration of transactions, the sophistication and scale of the operation generating the monies, the offender's role, and the disposition of the monies. A comparison with sentences for the underlying criminal conduct may also be relevant.

The Court concluded that the sentence of five years imprisonment was manifestly excessive. Accordingly, the appeal was allowed, and the applicant was resentenced.