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R v Chintagunta [2023] NSWDC 439

See full judgment: Austlii.

The offender was sentenced following pleas of guilty to 2 counts of dealing with money or other property valued at $10,000 or more that was, and was believed to be, proceeds of indictable crime contrary to s 400.6(1)(b)(i) of the Commonwealth Criminal Code. Commonwealth proceeds of crime offence taken into account pursuant to s 16BA of the Crimes Act 1914.

Nature and Circumstances: Offender was at a lower level in the hierarchy of the criminal organisation perpetrating a telecommunications scam in which victims were persuaded to provide personal details, bankcards, identification and PIN numbers which were then collected by the offender. Offender’s role in facilitating the laundering of the money was integral to the operation. The amount of money involved was more than three times the threshold amount of $10,000 for the offence pursuant to s 400.6(1). Crime was carried out for financial gain. Financial gain to the offender was minimal in light of the overarching criminal operation. Offending was objectively serious, falling just below the mid-range for an offence pursuant to s 400.6(1)(b)(i).

Rehabilitation: Offender has shown contrition both in statements to a psychologist and in a letter of apology to the court. Offender pleaded guilty at the earliest opportunity and has demonstrated remorse for their offending conduct. Offender is at a low risk of recidivism and has good prospects of rehabilitation. 

Offender sentenced to 18 months of imprisonment to be released immediately on recognizance of $500.

The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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