District Court
New South Wales
Medium Neutral Citation: R v Tanya YOUKHANA [2011] NSWDC 63 Hearing dates: 22 February 2011 Decision date: 22 February 2011 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Count 1 - Financial reporting offence. Recognisance release order 1 year.
Count 2 - Proceeds of crime offence. NPP 1 year 6 months with a balance of sentence of 6 months. The total effective sentence is 2 years with a NPP of 1 year 6 months.
Catchwords: CRIMINAL - Proceeds of crime - Conduct transaction to avoid reporting requirements - Operation Schoale Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Financial Transaction Reports Act 1988 (Cth)
Crimes Act 1914 (Cth)Cases Cited: Qutami (2001) 127 A Crim R 369
Weininger (2003) 212 CLR 629
Rule [2003] NSWCCA 97
Qian (2010) 201 A Crim R 403
Olbrich (1999) 199 CLR 270
Segal [2006] NSWSC 621
Au [2001] NSWCCA 468
Edwards (2008) 183 A Crim R 83
Saliba [2010] NSWDC 277
Johnson [2010] NSWDC 242
Peisley [2010] NSWDC 240
Postiglione (1997) 189 CLR 295
Jimmy (2010) 269 ALR 115
Zamagias [2002] NSWCCA 17Category: Sentence Parties: Regina
Tanya YoukhanaRepresentation: Ms A Francis (Offender)
Ms F Gray (Director of Public Prosecutions)
File Number(s): 2008/258348
SENTENCE
The offender, Tanya Youkhana, stands for sentence today for two offences. The first offence is knowingly deal with the proceeds of crime pursuant to s 193B(2) Crimes Act 1900 (NSW). That offence carries a maximum penalty of fifteen years imprisonment. The second offence is that she conducted a transaction to avoid reporting requirements pursuant to s 31(1) of the Financial Transaction Reports Act 1988 (Cth).
Pleas of guilty to these charges were entered in the Local Court.
There are Agreed Facts before the Court. These charges arose out of an investigation conducted by the New South Wales Crime Commission and the New South Wales Police Force given the name Operation Schoale. As a result of this operation a number of people have been charged with significant offences.
One of those persons is a man by the name of Alen Moradian. The offender is the sister of Natasha Youkhana, who is married to Alen Moradian.
In late March 2007 the offender rented a house in Bilgola. There was no formal rental agreement. The offender moved into the partly furnished house in March 2007 with her then partner. There was discussion with the owner of the premises about planting of a vegetable garden.
The offender obtained a large amount of cash, sealed it in vacuum-sealed plastic bags, wrapped it and buried it in the garden of the house in Bilgola. The source of the cash buried by the offender was Alen Moradian and his associates. The offender buried the cash to conceal it from police. The offender did so in circumstances where she knew it was the proceeds of crime. Those circumstances included the use of the premises with no formal link to her or her family who had recently had search warrants…
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- Case
- [2011] NSWDC 63
- Decision Date
CaseChat Overview and Summary
The court found that Ms Youkhana was guilty of both counts. The financial reporting offence was based on her involvement in a transaction that was intended to avoid the reporting requirements under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. The proceeds of crime offence related to her possession of property that was reasonably suspected to be proceeds of crime. The court considered the evidence presented, including Ms Youkhana's role in the transaction and her knowledge of the criminal activities involved. The court was satisfied that the prosecution had established the charges beyond reasonable doubt.
In sentencing, the court noted the seriousness of the offences and the need for deterrence. It also considered the mitigating factors, including Ms Youkhana's early guilty plea and her cooperation with authorities. The court imposed a recognisance release order of one year for the financial reporting offence and a non-parole period of one year and six months with a balance of sentence of six months for the proceeds of crime offence. The total effective sentence was two years, with a non-parole period of one year and six months. The orders were designed to balance the need for punishment, deterrence, and rehabilitation.
Orders
Orders of the court
Count 1 - Financial reporting offence. Recognisance release order 1 year.
Count 2 - Proceeds of crime offence. NPP 1 year 6 months with a balance of sentence of 6 months. The total effective sentence is 2 years with a NPP of 1 year 6 months.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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