appeal against sentence — 1 count of dealing with money being $100,000 or more, reasonably suspected of being proceeds of crime contrary to s 400.9(1) of Commonwealth Criminal Code — 2 counts of dealing with money being less than $100,000 reasonably suspected of being proceeds of crime contrary to s 400.9(1A) of Commonwealth Criminal Code — 1 count of trafficking in trafficable quantity of controlled substance contrary to s 302.4(1) Commonwealth Criminal Code — 2 counts of possessing controlled drug contrary to s 308.1(1) Commonwealth Criminal Code — original sentence imposed 3 years’ imprisonment with offender to be released on recognisance release order after 2 years — antecedents — s 16A(2)(m) — offender has number of prior convictions including 3 for trafficking heroin in 1995, 1996 and 2001 — nature and circumstances — s 16A(2)(a) — sentencing judge described charges 1-3 as serious examples of serious offences — sentencing judge accepted there was no evidence offender received benefit from transaction amounting to charge 1 — offending occurred in context of loss of employment and of broken relationship which led offender to relapse into drug use — prior convictions suggest offender has long suffered from heroin addiction — sentence on charge 1 is not wholly outside of appropriate range although might be seen to be towards top of range — given offender’s prior convictions for trafficking heroin sentence on charge 4 was remarkably lenient — guilty plea — s 16A(2)(g) — offender pleaded guilty at earliest opportunity — offender was entitled to reduction in sentence — offender was remorseful for offending — prior to execution of search warrant offender requested to speak to police and assisted with search and provided access to some devices — rehabilitation — s 16A(2)(n) — although offender had remained drug free for 14 years relapse suggested that predictions about use of drugs must remain guarded — prospects of rehabilitation assessed as guarded — notwithstanding perceived difficulties with individual sentences and cumulation total effective sentence and recognisance release order properly reflected offender’s criminality — leave to appeal against sentence refused
