A sentencing judge must not sentence an offender for a s 400.9(1) offence (dealing with money reasonably suspected of being proceeds of crime, maximum 3 years) as if the offender had knowledge, recklessness or negligence as to the provenance of the money, as this would amount to sentencing for a more serious offence under Division 400. Sentences of 66% and nearly 40% of the maximum penalty were manifestly excessive for a 22-year-old first offender with an early guilty plea and significant mitigating factors. Receipt and subsequent transfer of the same funds through different accounts constitute separate 'dealings' under s 400.2.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.