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Singh v The Queen [2018] NSWCCA 60

appeal against sentence — two counts of dealing in proceeds of crime contrary to s 400.9(1) Commonwealth Criminal Code and one count contrary to s 142(1) of Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) — original sentence imposed 20 months’ imprisonment with offender to be released on recognisance after 12 months — contrition — s 16A(2)(f) — contrition and remorse factors to be taken into account separately in addition to plea of guilty — those factors often overlap — offender’s submission that sentencing judge must distil factors relevant to question of contrition without reference to plea of guilty not correct — sentencing judge not obliged to accept psychologist report due to absence of sworn evidence from offender — no need to nominate separate Ellis discount for disclosure of unknown guilt — disclosure of home address and of fact substantial funds held at address not significant, police lawfully recorded offender’s conversations so offender under observation prior to arrest — sentencing judge took into account limited disclosures made by offender about own guilt — sentencing judge erred by taking into account disclosure about guilt of another where other person convicted before offender’s disclosure — error immaterial as error in offender’s favour — cooperation — s 16A(2)(h) — sentencing judge did all obliged to do when sentencing judge took into account applicant’s ‘initial assistance in identifying the location of various moneys the subject of the offences in his vehicle and in his home’ — sentencing judge in error by assessing value of assistance provided in respect of other person who was already convicted as significant — error in offender’s favour — overall discount allowed by sentencing judge for cooperation consistent with evidence that assistance of intelligence value only — only error shown in reasons of sentencing judge in favour of applicant — leave to appeal refused — appeal dismissed
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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