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R v Patrick Willmott [2023] NSWSC 474

The offender was sentenced following conviction for 1 count of dishonestly causing a loss to the Commonwealth contrary to section 135.4(3) of the Commonwealth Criminal Code, and 1 count of conspiring to deal with money of a value of $1,000,000 or more believing it to be the proceeds of crime contrary to sections 11.5(1) and 400.3(1) of the Commonwealth Criminal Code.

Nature and Circumstances: The two conspiracies fall towards the highest range of objective seriousness of offences of this kind. Offender’s role in the conspiracies places their conduct at the mid-range of objective seriousness for offences of this kind. They were not an instigator or architect of these conspiracies and acted under instructions. They were a knowing and active participant for over 2 years. Offender’s role was well below that of co-offenders Anquetil, Adam Cranston, Onley and Menon and, in relation to the tax fraud conspiracy, Kitson. Nevertheless, it was above that of Hammond and Lauren Cranston. Both of the conspiracies involved a significant level of sophistication, premeditation, planning and deception and a high degree of dishonesty and breach of trust. Offender was principally motivated by financial reward in participating in the conspiracies and received a direct financial gain of not less than $498,272.81. The loss to the Commonwealth during offender’s participation in the conspiracies was $31,033,632.59. On any view of it this is a significant sum.

Rehabilitation: It is troubling that even now, offender does not acknowledge that any of their co-offenders have done anything wrong. On all of the evidence, it cannot be accepted that offender’s prospects of rehabilitation are good. There is no evidence that the offender has any remorse for their conduct or the conduct of their co-conspirators following their conviction. Offender believes that they are a victim of conduct by others, including the ATO, rather than a perpetrator of a serious crime. Offender’s prospects of rehabilitation are no better than fair.

Offender sentenced to 9 years imprisonment with a non-parole period of 6 years.
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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