Where a proceeds of crime offence under s 193B(2) of the Crimes Act 1900 (NSW) is charged additionally to the principal fraud offence and involves no additional criminality beyond the offender gaining access to the fraudulently obtained funds, the sentence for the proceeds of crime offence should be concurrent, not cumulative, with the sentence for the fraud offence. The mere withdrawal or transfer of fraudulently obtained money does not constitute additional criminality warranting a separate cumulative penalty.
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