R v Natasha Youkhana - [2011] NSWDC 205

District Court

New South Wales

Medium Neutral Citation: R v Natasha YOUKHANA [2011] NSWDC 205
Hearing dates: 22 October 2010, 21 January 2011, 29 April 2011, 1 July 2011, 16 September 2011, 23 September 2011, 21 October 2011, 25 October 2011, 16 November 2011, 19 December 2011, 20 December 2011
Decision date: 20 December 2011
Jurisdiction: Criminal
Before: Judge Haesler SC
Decision:
Count 4 - Conduct dealings to avoid reporting requirements offence. Fixed term 9 months
Count 2 - Give evidence at hearing that is false/misleading offence. Fixed term 9 months
Count 1 - Do act with intent to pervert the course of justice offence. Fixed term 9 months
Count 3 - Knowingly deal with proceeds of crime offence. NPP 2 years 3 months with a balance of sentence of 1 year 6 months
Total sentence is 4 years 6 months with a NPP of 3 years

Catchwords: CRIMINAL - Conduct dealings to avoid reporting requirements - Give evidence at hearing that is false/misleading - Do act with intent to pervert the course of justice - Knowingly deal with proceeds of crime - Operation Schoale
Legislation Cited: Financial Transaction Reports Act 1988 (Cth)
NSW Crime Commission Act 1995 (NSW)
Crimes Act 1900 (NSW)
Evidence Act 1995 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Crimes Act 1914 (Cth)
Cases Cited: AB [2011] NSWCCA 229
Thompson (2000) 49 NSWLR 383
Borkowski (2009) 195 A Crim R 1
Muldrock [2011] HCA 39
Moradian [2011] NSWDC 130
Weininger (2003) 212 CLR 629
Youkhana [2011] NSWDC 204
Category: Sentence
Parties: Regina
Natasha Youkhana
Representation: Mr P Boulten SC (Offender)
Ms F Gray (Director of Public Prosecutions)

File Number(s): 2007/16952 2007/17249

SENTENCE

In 2006 and 2007 a joint New South Wales Crime Commission and New South Wales Police task force investigation known as Operation Schoale led to the arrest of a number of men and women associated with various aspects of the importation and later sale of large quantities of cocaine. Two senior figures in that importation and supply business were Alen Moradian and Luke Sparos. Natasha Youkhana, now known as Natasha Moradian, the offender now before the Court, is the wife of Alen Moradian. The offender has pleaded guilty to four counts:

(1) Between 1 December 2005 and 31 May 2006 conduct transactions to avoid reporting requirements ($386,172.15): ss 31(1)/31(3) Financial Transaction Reports Act 1988 (Cth), maximum penalty five years and/or 300 penalty unit fine.

(2) On 14 May 2007 give false evidence at the Crime Commission: s 21 NSW Crime Commission Act 1995, maximum penalty five years and/or 500 penalty unit fine.

(3) On 17 May 2007 do an act with intent to pervert the course of justice: s 319 Crimes Act 1900 (NSW), maximum penalty fourteen years.

(4) Between 29 October 2005 and 25 July 2007 knowingly deal with proceeds of crime ($4,642,135): s 193B(2) Crimes Act 1900 (NSW), maximum penalty fifteen years.

The offender was initially arrested in 2007 for the false evidence and pervert the course of justice matters on 14…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2011] NSWDC 205
Decision Date: 20 December 2011

CaseChat Overview and Summary

Natasha Youkhana was before the court in a criminal case, facing multiple charges related to financial and legal misconduct. The charges stemmed from her involvement in various illegal activities, including dealing to avoid reporting requirements, providing false and misleading evidence, perverting the course of justice, and dealing with proceeds of crime. The case was heard in a court of appropriate jurisdiction, tasked with determining the culpability and appropriate penalties for the defendant's actions.

The legal issues before the court involved interpreting and applying various statutory provisions related to financial crime and judicial integrity. The court needed to establish whether Ms Youkhana's actions constituted the specific offences as alleged and, if so, to determine the appropriate sentences for each offence. This required a detailed examination of the evidence presented, including testimonies, financial records, and the nature of the transactions in question.

In delivering the judgment, the court found Ms Youkhana guilty on all counts. The reasoning was based on the clear evidence of her deliberate actions to circumvent legal and financial obligations, her intent to mislead the court, and her involvement with criminal proceeds. The court considered the severity and impact of her actions, ultimately sentencing her to a fixed term of nine months for each of the first three counts and a non-parole period of two years and three months for the fourth count, with a balance of sentence of one year and six months. This resulted in a total sentence of four years and six months imprisonment, with a non-parole period of three years.

Orders

Orders of the court

Count 4 - Conduct dealings to avoid reporting requirements offence. Fixed term 9 months

Count 2 - Give evidence at hearing that is false/misleading offence. Fixed term 9 months

Count 1 - Do act with intent to pervert the course of justice offence. Fixed term 9 months

Count 3 - Knowingly deal with proceeds of crime offence. NPP 2 years 3 months with a balance of sentence of 1 year 6 months

Total sentence is 4 years 6 months with a NPP of 3 years

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Natasha YOUKHANA [2011] NSWDC 205
Hearing dates:	22 October 2010, 21 January 2011, 29 April 2011, 1 July 2011, 16 September 2011, 23 September 2011, 21 October 2011, 25 October 2011, 16 November 2011, 19 December 2011, 20 December 2011
Decision date:	20 December 2011
Jurisdiction:	Criminal
Before:	Judge Haesler SC
Decision:	Count 4 - Conduct dealings to avoid reporting requirements offence. Fixed term 9 months Count 2 - Give evidence at hearing that is false/misleading offence. Fixed term 9 months Count 1 - Do act with intent to pervert the course of justice offence. Fixed term 9 months Count 3 - Knowingly deal with proceeds of crime offence. NPP 2 years 3 months with a balance of sentence of 1 year 6 months Total sentence is 4 years 6 months with a NPP of 3 years
Catchwords:	CRIMINAL - Conduct dealings to avoid reporting requirements - Give evidence at hearing that is false/misleading - Do act with intent to pervert the course of justice - Knowingly deal with proceeds of crime - Operation Schoale
Legislation Cited:	Financial Transaction Reports Act 1988 (Cth) NSW Crime Commission Act 1995 (NSW) Crimes Act 1900 (NSW) Evidence Act 1995 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1914 (Cth)
Cases Cited:	AB [2011] NSWCCA 229 Thompson (2000) 49 NSWLR 383 Borkowski (2009) 195 A Crim R 1 Muldrock [2011] HCA 39 Moradian [2011] NSWDC 130 Weininger (2003) 212 CLR 629 Youkhana [2011] NSWDC 204
Category:	Sentence
Parties:	Regina Natasha Youkhana
Representation:	Mr P Boulten SC (Offender) Ms F Gray (Director of Public Prosecutions)
File Number(s):	2007/16952 2007/17249