A Liberato direction is not required for an offence under s 193C(1) of the Crimes Act 1900 (NSW) because the element of 'reasonable grounds to suspect' is objective and does not turn on a direct factual conflict between prosecution and defence evidence. A sentencing judge's reference to 'money laundering' when sentencing for a s 193C(1) offence does not constitute a De Simoni error where the references describe the context and evidence of the offending rather than treating the offender as having committed a more serious offence under s 193B.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
3 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.