Reported Decision: 197 A Crim R 581
New South Wales
Court of Criminal Appeal
CITATION: Tsakonas v R [2009] NSWCCA 258 HEARING DATE(S): 2 September 2009
JUDGMENT DATE:
22 October 2009JUDGMENT OF: Tobias JA at 1; Hoeben J at 2; RA Hulme J at 3 DECISION: Leave to appeal is granted. The appeal is dismissed. CATCHWORDS: CRIMINAL LAW - sentence - money laundering - attempt to conceal large proceeds of fraud - attempt to corrupt bank official - treatment of prior record of driving offences - whether sentence manifestly excessive - whether error in not finding special circumstances LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Confiscation of Proceeds of Crime Amendment Act 2005
Confiscation of Proceeds of Crime Act 1989CATEGORY: Principal judgment CASES CITED: Ali v R [2008] NSWCCA 60
Berg v R [2004] NSWCCA 300
Cf R v Bloomfield (1998) 44 NSWLR 734
Fahs v R [2007] NSWCCA 26
Licastro v R [2008] NSWCCA 131
Markarian v The Queen (2005) 228 CLR 357
Murphy v Regina [2005] NSWCCA 412; 158 A Crim R 375
R v McNaughton [2006] NSWCCA 242; (2006) 66 NSWLR 566
R v Oliver (1982) 7 A Crim R 174
R v Simpson (2001) 53 NSWCCA 534; (2001) 53 NSWLR 740
R v Way [2004] NSWCCA 131; 60 NSWLR 168
Regina v Fidow [2004] NSWCCA 172
Regina v Walker [2005] NSWCCA 109
Veen v The Queen (No2) (1988) 164 CLR 465PARTIES: Dennis TSAKONAS
ReginaFILE NUMBER(S): CCA 2008/6293 COUNSEL: S Odgers SC (Applicant)
P Leask ( Respondent)SOLICITORS: Peter Katsoolis Lawyers
Solicitor for Public ProsecutionsLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 2008/11/0374 LOWER COURT JUDICIAL OFFICER: Armitage DCJ LOWER COURT DATE OF DECISION: 15 August 2008
2008/6293
22 October 2009TOBIAS JA
HOEBEN J
R A HULME J
1 TOBIAS JA: I agree with R A Hulme J.
2 HOEBEN J: I agree with R A Hulme J.
3 R A HULME J: The applicant was sentenced for two offences in the District Court on the 15 August 2008 to which he had pleaded guilty. His Honour Judge Armitage imposed a sentence of 2 years with a non-parole period of 18 months for an offence of making a false statement with intent to obtain a financial advantage (s 178BB(1) Crimes Act 1900 - maximum penalty imprisonment for 5 years) and a sentence of 6 years with a non-parole period of 4 years 6 months for an offence of dealing with the proceeds of crime (s 193B(1) Crimes Act - maximum penalty imprisonment for 20 years). He ordered that both sentences commence on 30 November 2007.
4 The judge took into account, at the applicant’s request, offences of possessing a prohibited drug and goods in custody in sentencing for the second of those offences.
Facts
5 An agreed statement of facts prepared by a DPP solicitor was tendered to the judge. It leaves a number of questions unanswered. The judge…
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- AGLC
- Tsakonas v R [2009] NSWCCA 258
- Case
- [2009] NSWCCA 258
- Decision Date
CaseChat Overview and Summary
The legal issues that the court needed to address included whether the sentence was manifestly excessive, the appropriate weight to be given to the appellant's prior record of driving offences, and whether the trial judge erred in not finding special circumstances that could have potentially mitigated the sentence. The court examined the principles of sentencing in criminal cases, particularly the need for a balance between deterrence, retribution, and rehabilitation, as well as the relevance of prior convictions in determining an appropriate sentence.
The High Court held that the sentence was not manifestly excessive, taking into account the seriousness of the offences and the need for general deterrence. The court emphasised that while prior convictions could be relevant, they should not be determinative in the sentencing process. The court further found that there was no error in the trial judge's failure to identify special circumstances that could have led to a lesser sentence, as the appellant had not provided sufficient evidence to support such a finding. Consequently, the appeal was dismissed, and the original sentence was upheld.
No further orders were made by the court beyond the dismissal of the appeal and the upholding of the original sentence.
Orders
Orders of the court
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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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