R v Scahill

[2018] NSWDC 451

District Court

New South Wales

Medium Neutral Citation:

R v Scahill [2018] NSWDC 451

Hearing dates:

9 November 2018

Decision date:

23 November 2018

Jurisdiction:

Criminal

Before:

KING SC DCJ

Decision:

Indicative Sentences:

Count 1: 10 years’ imprisonment

Count 2: 7 years’ imprisonment

Count 3: 5 years and 6 months’ imprisonment

Count 4: 4 years and 6 months’ imprisonment

Aggregate Sentence:

Sentenced to a total term of imprisonment of 13 years comprising of a NPP of 8 years and 6 months to commence on 15/8/18 and to expire on 14/2/27, and a balance of term of 4 years and 6 months to commence on 15/2/27 and to expire on 14/8/31.

Catchwords:

CRIMINAL – Sentence – knowingly dealing with money, the proceeds of crime – accountant – role - adviser and architect of money laundering process - client engaged in drug dealing – use of trust accounts & property to launder money – moral culpability – parity – subjective matters

Legislation Cited:

Crimes Act 1914
Criminal Code Act 1995

Cases Cited:

R v Huang (2007) 174 ACR 370
R v Ly [2014] NSWCCA 78

Category:

Sentence

Parties:

Regina
Phillip John Scahill

Representation:

Counsel:
Crown: Mr S Flood
Defence: Mr A Bellanto QC
Solicitor:
Crown: Ms A Jamshidi
Defence: Mr K Bagley

File Number(s):

2015/114751; 2015/129692; 2015/129726; 2015/328982

Judgment

1. HIS HONOUR: Phillip Scahill appears for sentence in respect of four offences, the first being an offence that he dealt with money that was and that he believed to be proceeds of crime, and at the time of the dealing, the money was $100,000 or more, contrary to s 400.4 (1) and 11.2A of the Criminal Code (Cth) (Count 1). The maximum penalty provided is twenty years’ imprisonment and/or 1,200 penalty units. The Crown case in respect of that offence was that the proceeds of crime was an amount of money in the sum of $473,359.30 recorded in the Scahill and Co Pty Ltd Trust Account in the false name of “Jeremy Smith”.

2. The second offence was an offence of dealing with money that was and that he believed to be proceeds of crime, and at the time of the dealing, the money was $100,000 or more contrary to s 400.4 (1) of the Criminal Code (Count 2). The maximum penalty is again twenty years’ imprisonment and/or 1,200 penalty units. As to the amount, the Crown’s case was reliant on at least $200,000 of cash which had been held by the accused in a safety deposit box.

3. The third offence is deal with money that was and that he believed to be proceeds of crime, and at the time of the dealing, the money was $50,000 or more contrary to s 400.5 (1) of the Criminal Code (Count 3). The maximum penalty is fifteen years’ imprisonment and/or 900 penalty units. In respect of the third offence, the amount relied on by the Crown was the sum of $53,850 in cash located at his residence.

4. The fourth offence is again dealing with money that…