R v Christine Saliba

CITATION:	R v Christine SALIBA [2010] NSWDC 277
HEARING DATE(S):	15 October 2010, 29 November 2010
EX TEMPORE JUDGMENT DATE:	29 November 2010
JURISDICTION:	Criminal
JUDGMENT OF:	Haesler DCJ SC
DECISION:	Count 1 - Proceeds of crime offence. Section 12 suspended sentence 1 year 8 months Count 2 - Make false statement to obtain money. Section 9 good behaviour bond 3 years
CATCHWORDS:	Proceeds of crime - Make false statement to obtain money - Operation Schoale
LEGISLATION CITED:	Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
PARTIES:	Regina Christine Saliba
FILE NUMBER(S):	2008/191672
COUNSEL:	Ms W Abraham QC with Mr P Krisenthal (Offender)
SOLICITORS:	Ms F Gray (Director of Public Prosecutions) Mr W O'Brien (Offender)

SENTENCE

Introduction

1. Operation Schoale, conducted by the New South Wales Crime Commission and the New South Wales Police, led to the arrest of a number of people connected to the importation and supply of large amounts of cocaine and the disposal of the proceeds of those crimes. One of the people charged with cocaine offences is the offender’s husband.

2. On 29 July 2008 the offender was arrested and charged with two offences before the Court. The first, recklessly deal with the proceeds of crime pursuant to s 193B(3) of the Crimes Act 1900, involved an amount of $861,740. The maximum penalty for this offence is ten years imprisonment. The offence occurred between November 2005 and July 2008. The second offence, make a false statement to obtain money pursuant to s 178BB(1) of the Crimes Act now repealed, carried a maximum penalty of five years imprisonment. That offence occurred between December 2006 and April 2007.

3. The offender indicated a plea of guilty midway through committal proceedings. I am informed and accept that her plea had considerable utilitarian benefit. It is not in dispute that her sentence should be reduced by twenty-five per cent to take account of that early plea.

4. There are Agreed Facts before the Court. I will not repeat them but will make a brief summary.

The proceeds of crime offence

5. The offender had employment requiring some skill and providing considerable remuneration. However, in May 2006 she stopped working. Her husband was also not working or at least not in paid employment. During the period noted in the first charge money was dealt with in three ways. Firstly, $158,270 was deposited into the offender’s bank account. Secondly, sums of $109,400 and $8,750 were found at the offender’s home, and later $2,000 and $38,000 in US currency was found at her parents’ home in bags owned by the offender. Thirdly, over $280,000 was spent by the offender on consumable items including travel and her wedding. The source of this money was her husband. The Agreed Facts note the offender did so in circumstances where she was reckless as to whether the funds given to her by her husband were the proceeds of crime. The amount of money involved, the length of time whereby the money was used and the…