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DPP v Kwkw [2020] VCC 98

sentence — one charge of dealing in proceeds of crime worth $100,000 or more contrary to s 400.4(1) of the Commonwealth Criminal Code — offence relates to $969,825.49 — nature and circumstances of the offence — s 16A(2)(a) — offender involved in scheme for gain — amount of money substantial — offender’s role to realise in part of the funds by purchasing items and cash of significant value which were capable of being moved on by others — offending limited to a few days and use of offender’s own bank account made it inevitable that offender would be apprehended — demonstrates degree of naivety — amount of money involved in this type of offending is significant matter when arriving at appropriate sentence — antecedents — s 16A(2)(m) — offender’s family arrived in Australia with offender and some siblings as refugees, with little more than the clothes on their backs — offender’s family forced to flee Sudan because of the ravages of the war that raged in Sudan — offender regarded as being a young leader respected in their community and in the past had displayed honesty, integrity and kindness to others — money intended to be invested in businesses operated by family members in Sudan — guilty plea — s 16A(2)(g) — offender pleaded guilty at earliest opportunity and offender entitled to benefits that flow from that plea as some evidence of offender’s remorse and utilitarian value — rehabilitation — s 16A(2)(n) — age — s 16A(2)(m) — referees write offending conduct is out of character however nature of offending and offender’s willingness to participate in it when combined with offender’s other “dishonest” offending makes assessment of offender’s prospects for rehabilitation difficult — offender’s youth must make their rehabilitation an important factor when arriving at an appropriate sentence — offender youthful as 21 years old at time of offending and 22 years old at the time of sentence — drug and alcohol abuse in enforced remission whilst in prison however psychologist assessment indicated offender still vulnerable to abuse of those substances — general deterrence — s 16A(2)(ja) — save for giving offender’s youth appropriate weight, nothing to suggest offender not appropriate vehicle for application of general deterrence — general deterrence generally is to be given significant weight — sentence — 3 years imprisonment imposed served by way of recognisance release order in sum of $500 after having served 18 months’ imprisonment — s 6AA declaration — but for offender’s plea of guilty, 5 years imprisonment with a 3 year non-parole period would have been imposed
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