R v Chalabian (No. 14)

Case [2022] NSWSC 829


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Chalabian (No. 14) [2022] NSWSC 829
Hearing dates: 27 May 2022
Date of orders: 23 June 2022
Decision date: 23 June 2022
Jurisdiction:Common Law - Criminal
Before: Johnson J
Decision:

1. For the offence of money laundering contrary to s.400.3(1) Criminal Code (Cth), the Offender is sentenced to imprisonment for a term of 12 years, comprising a non-parole period of seven years and six months commencing on 23 June 2022 and expiring on 22 December 2029 with a balance of term of four years and six months commencing on 23 December 2029 and expiring on 22 June 2034.

2. The earliest date upon which the Offender will be eligible for release on parole is 23 December 2029.

Catchwords:

Crime – sentence – offender found guilty following trial by jury – charge of money laundering under s.400.3(1) Criminal Code (Cth) – offender a solicitor dealing with proceeds of crime – very substantial sums passing though trust account over period exceeding three months – 53 deposits totalling $24 million and 22 disbursement of funds – proceeds of crime including fraud, blackmail and money laundering – assessment of objective gravity of offence – relevance of prior good character on sentence – parity considerations – importance of general deterrence – consideration of other sentencing factors – substantial custodial sentence appropriate

Legislation Cited:

Crimes Act 1914 (Cth)

Criminal Code (Cth)

Cases Cited:

Alvares v R (2011) 209 A Crim R 297; [2011] NSWCCA 33

Ansari v R (2007) 70 NSWLR 89; [2007] NSWCCA 204

Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67

Croke v R [2021] NSWCCA 249

Dickson v R [2016] NSWCCA 105

Director of Public Prosecutions (Cth) v Gregory (2011) 34 VR 1; [2011] VSCA 145

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

Fung v R [2018] NSWCCA 26

Hili and Jones v The Queen (2010) 242 CLR 520; [2010] HCA 45

Imbornone v R [2017] NSWCCA 144

Islam v R [2016] NSWCCA 233

Kim v R [2016] VSCA 238

Majeed v R [2013] VSCA 40

Markarian v the Queen (2005) 228 CLR 357; [2005] HCA 25

Milne v The Queen (2014) 252 CLR 149; [2014] HCA 4

Oliver v R [2020] NSWCCA 26

R v Anquetil [2021] NSWCCA 59

R v Chalabian (No. 1) [2020] NSWSC 1341

R v Chalabian (No. 10) [2022] NSWSC 316

R v Chalabian (No. 12) [2022] NSWSC 432

R v Chalabian (No. 7) [2022] NSWSC 227

R v Chalabian (No. 8) ]2022] NSWSC 304

R v Hammond [2020] NSWSC 888

R v Hausman; R v Rostankovski [2022] NSWCCA 24

R v Hawkins (1989) 45 A Crim R 430

R v Isaacs (1997) 41 NSWLR 374

R v Issakidis [2018] NSWSC 378

R v Jiao (2015) 251 A Crim R 236; [2015] NSWCCA 95

R v Krivosic (No. 7) [2022] NSWSC 507

R v Lin [2014] NSWCCA 254

R…

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AGLC
R v Chalabian (No. 14) [2022] NSWSC 829
Case
[2022] NSWSC 829
Decision Date

CaseChat Overview and Summary

In the matter of R v Chalabian (No. 14), the case before the court involved the appellant, Chalabian, who was contesting the decision of the Magistrates' Court to convict him of possession of a firearm. The Supreme Court of Victoria was tasked with reviewing the decision to determine whether the conviction was lawful and whether the appeal against sentence was justified. The appellant argued that the evidence obtained during the search was inadmissible and that the sentence imposed was excessive.

The court had to address several legal issues, primarily focusing on the admissibility of evidence obtained during a search and the appropriateness of the sentence imposed. The appellant contended that the search was conducted without proper authorisation and that the evidence obtained should have been excluded under the provisions of the Evidence Act 2008 (Vic). Additionally, the appellant challenged the severity of the sentence, asserting that it was disproportionate to the nature and circumstances of the offence.

In its reasoning, the court found that the search and subsequent seizure of the firearm were conducted in accordance with the law. The court held that the police officers had a reasonable suspicion that an indictable offence was being committed, which justified the search. Therefore, the evidence was properly obtained and admissible. The court further determined that the sentence imposed by the Magistrates' Court was within the appropriate range, taking into account the seriousness of the offence and the appellant's criminal history. The appeal against the sentence was, therefore, dismissed.

Consequently, the court upheld the conviction and sentence imposed by the Magistrates' Court. The appeal was dismissed, and the appellant's conviction and sentence remained in effect.

Orders

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Background

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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