ASSAFIRI, Wassim Saad - CCA, 19.6.2007 Basten JA, Grove & Howie JJ Citation: Assafiri v R  NSWCCA 159 Sentence appeal. 3 x make false statement (s.29(4)(b) Financial Transactions Reports Act 1988 (Cth) - 'money laundering'); 1 x possess property reasonable suspected of being proceeds of crime (s.400.9(1) Criminal Code (Cth) - 'goods in custody); + 19 offences of money laundering taken into account; + schedule of 'related offences'. Total sentence of 3y 9m with a NPP of 1y 11m 23d. The applicant was involved in the laundering of money to be sent overseas. He used 2 false identities in which he purchased 2 companies & opened 5 bank accounts, one in the name of one of his false identities & 2 in the name of each of the companies. In total, he transferred $465,942 to banks in Lebanon & Indonesia. He intended transferring a further $200,000 to a bank account in Lebanon. The sums of money involved were generally in the amount of $9,500 in order to avoid the compulsory notification limit under s.15 Financial Transactions Reports Act 1988 (Cth). When sentencing the applicant, the sentencing judge intended imposing an overall sentence of 3y & ordered his release on recognizance after serving 1y 11m & 23d. The judge actually sentenced the applicant to 2y on the first count, 3y on counts 2 & 3 (those sentences all to be concurrent) with a sentence of 9m for count 4 (cumulative upon the sentences on the first 3 counts). For all the related offences he sentenced the applicant to 6m except for 2 matters in respect of which the applicant was sentenced to 2m on one & 9m on the other. Those sentences were all concurrent between themselves & with the sentences for the first 3 counts on the indictment. The result was an overall sentence of 3y 9m. Although the sentencing judge purported to discount the sentence by 20%, this was not reflected in the overall sentence. Another difficulty with the sentences was that it appeared the judge took into account the matters on the form prescribed pursuant to s.16BA when sentencing for all offences. Although he does not say that, he also did not indicate on which of the offences the matters were taken into account. No priors - generally of good character - good prospects of rehabilitation. Application of s.16BA Crimes Act (Cth) - assistance to authorities - whether sentence excessive. Appeal allowed: resentenced to 2y 5m with a NPP of 1y 5m.
See also: Assafiri v R (No.2)  NSWCCA 356 - Re-opening of proceedings to correct errors in sentencing.