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Oliver v The Queen [2020] NSWCCA 26

appeal against sentence — one count of dealing with the proceeds of crime worth $1 million or more contrary to s 400.3(1) of the Commonwealth Criminal Code — original sentence imposed 5 years’ imprisonment with a 3 year non-parole period — contrition — s 16A(f)(ii) — offender demonstrated neither contrition nor remorse and sentencing judge did not err in failing to refer to it, it was not submitted that issue was raised at sentencing proceedings — offender received discount for plea of guilty — fact that sentencing judge did not in terms refer to fact that plea may be evidence of remorse does not amount to error — delay — 4 years and 4 months delay between arrest, charge and sentence — offender on bail throughout that period — no doubt offender suffered from anxiety and depression in anticipation of their sentence — offender submitted delay should have been specifically considered by sentencing judge as mitigating factor and somewhat inconsistency also submitted delay should have been considered in determining offender’s prospects of rehabilitation — offender has not demonstrated period between arrest and sentencing amounted to delay in sense being discussed — it would have been essential, having regard to the state of the evidence about offender’s mental condition and its possible causes, that offender either gave evidence of the intolerable nature of their predicament as they awaited sentence or made it clear to the psychologist that their complaints were at least identifiable in some way related to or caused by delay in the disposition of their case — it did not seem to sentencing judge that onus offender bears has been discharged — appeal dismissed  
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