R v Pablo - [2022] NSWDC 429

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Pablo [2022] NSWDC 429
Hearing dates: 9 September 2022
Date of orders: 23 September 2022
Decision date: 23 September 2022
Jurisdiction: Criminal
Before: Fitzsimmons SC DCJ
Decision:
(1)   In respect of the offences to which the offender has pleaded guilty, the offender is convicted.
(2)   The offender is sentenced to an aggregate sentence of two years imprisonment, to be served by way of an intensive corrections order.
(3)   That sentence will commence on 23 September 2022 and expire on 22 September 2024.
(4)   The standard conditions that apply during the terms of the order are that the offender:
(a)   must not commit any offence; and
(b)   must submit to supervision by a community corrections officer at the City Community Corrections office and is to attend this office by 30 September 2022 to facilitate this condition.
(5)   The following additional conditions apply:
(a)   The offender is to perform 200 hours of community service work; and
(b)   The offender is to participate in a rehabilitation or treatment program.

Catchwords:
CRIME – sentencing – knowingly deal with proceeds of crime

Legislation Cited:
Crimes Act 1900 s 193B (2)
Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 21A, 23, 37, 53A, 66
Migration Act 1958 (Cth)

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146
Imbornone v R [2017] NSWCCA 144
Lloyd v R [2022] NSWCCA 18
Panetta v R [2016] NSWCCA 85
R v Huang (2007) 174 A Crim R 370
R v Li (2020) 202 A Crim R 195
R v Qutami [2001] NSWCCA 353
SZ v R [2007] NSWCCA 19

Category: Sentence
Parties: Rex
Mr Jem Grospe Pablo
Representation:
Counsel:
Mr B Rowe (Offender)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Watsons Solicitors (Offender)

File Number(s): 2021/148358
Publication restriction: None

JUDGMENT

Remarks on sentence

The offender appeared at the Downing Centre Local Court on 9 June 2022 and pleaded guilty to five charges of knowingly deal with proceeds of crime contrary to s 193B (2) of the Crimes Act 1900. The pleas of guilty were adhered to at the sentence hearing on 9 September 2022. Accordingly, the offender is entitled to the full 25% discount for utilitarian value of the pleas of guilty. The maximum penalty for the offence of knowingly deal with proceeds of crime is 15 years.
In addition to the five substantive matters, the offender asks that when passing sentence in respect of the knowingly deal with proceeds of crime, the Court take into account an additional two offences of knowingly deal with proceeds of crime also contrary to section 193B (2) of the Crimes Act.
In dealing with matters on the Form 1 I will need to ensure that I apply the principles enunciated by the Court of Criminal Appeal in the Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002

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.

Continue reading R v Pablo

Details

AGLC: R v Pablo [2022] NSWDC 429
Case: [2022] NSWDC 429
Decision Date: 23 September 2022

CaseChat Overview and Summary

In the case of R v Pablo, the respondent faced charges related to knowingly dealing with the proceeds of crime. The matter was heard in a court of summary jurisdiction in Australia. The respondent pleaded guilty to the charges, leading to a sentencing hearing where the court had to determine the appropriate punishment.

The court had to consider several legal issues, including the nature and seriousness of the offence, the respondent's criminal history, and the principles of sentencing for such crimes. A key consideration was the respondent's level of involvement and intent in dealing with the proceeds of crime, as well as any mitigating or aggravating factors present in the case.

In delivering the sentence, the court took into account the respondent's guilty plea, which was seen as an indication of remorse and a factor that could potentially reduce the severity of the sentence. The court also considered the respondent's background and circumstances, which included no prior criminal record. Balancing these factors with the need to deter similar conduct in the future, the court decided that an intensive corrections order would be an appropriate sentence. This decision was aimed at rehabilitating the respondent while also serving the interests of justice and the community. The court imposed specific conditions on the intensive corrections order, including community service and participation in a rehabilitation program.

The final orders included the conviction on the offences to which the respondent had pleaded guilty, a two-year sentence to be served through an intensive corrections order starting on 23 September 2022 and ending on 22 September 2024. The order also stipulated standard conditions such as refraining from committing any further offences and attending a specified community corrections office for supervision. Additionally, the respondent was required to perform 200 hours of community service and participate in a rehabilitation or treatment program.

Orders

Orders of the court

(1) In respect of the offences to which the offender has pleaded guilty, the offender is convicted.

(2) The offender is sentenced to an aggregate sentence of two years imprisonment, to be served by way of an intensive corrections order.

(3) That sentence will commence on 23 September 2022 and expire on 22 September 2024.

(4) The standard conditions that apply during the terms of the order are that the offender:

(a) must not commit any offence; and

(b) must submit to supervision by a community corrections officer at the City Community Corrections office and is to attend this office by 30 September 2022 to facilitate this condition.

(5) The following additional conditions apply:

(a) The offender is to perform 200 hours of community service work; and

(b) The offender is to participate in a rehabilitation or treatment program.

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 Pablo [2022] NSWDC 429
Hearing dates:	9 September 2022
Date of orders:	23 September 2022
Decision date:	23 September 2022
Jurisdiction:	Criminal
Before:	Fitzsimmons SC DCJ
Decision:	(1) In respect of the offences to which the offender has pleaded guilty, the offender is convicted. (2) The offender is sentenced to an aggregate sentence of two years imprisonment, to be served by way of an intensive corrections order. (3) That sentence will commence on 23 September 2022 and expire on 22 September 2024. (4) The standard conditions that apply during the terms of the order are that the offender: (a) must not commit any offence; and (b) must submit to supervision by a community corrections officer at the City Community Corrections office and is to attend this office by 30 September 2022 to facilitate this condition. (5) The following additional conditions apply: (a) The offender is to perform 200 hours of community service work; and (b) The offender is to participate in a rehabilitation or treatment program.
Catchwords:	CRIME – sentencing – knowingly deal with proceeds of crime
Legislation Cited:	Crimes Act 1900 s 193B (2) Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 21A, 23, 37, 53A, 66 Migration Act 1958 (Cth)
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146 Imbornone v R [2017] NSWCCA 144 Lloyd v R [2022] NSWCCA 18 Panetta v R [2016] NSWCCA 85 R v Huang (2007) 174 A Crim R 370 R v Li (2020) 202 A Crim R 195 R v Qutami [2001] NSWCCA 353 SZ v R [2007] NSWCCA 19
Category:	Sentence
Parties:	Rex Mr Jem Grospe Pablo
Representation:	Counsel: Mr B Rowe (Offender) Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Watsons Solicitors (Offender)
File Number(s):	2021/148358
Publication restriction:	None