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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon

 

Money Laundering - s.193B (NSW) Crimes Act 

(NSW) Crimes Act
s.193B(1) dealing with proceeds of crime knowing it is proceeds of crime and intending to conceal that it is proceeds of crime
     Maximum penalty: 20 years.
s.193B(2) dealing with proceeds of crime knowing it is proceeds of crime
     Maximum penalty: 15 years.
s.193B(3) dealing with proceeds of crime being reckless as to whether it is proceeds of crime
     Maximum penalty: 10 years.

NAME
(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDSUMMARY

Ali

[2008] NSWCCA 60

s.193B(2)

 

Sched:

10 offences

 

Knowingly possess false travel doc

 

Possess instrument for making false instrument

 

2 x Possess false instrument with intent to use

 

Attempt obtain credit by fraud

PG

(not stated)

6y

NPP 3y 6m

 

 

 

FT 2y

 

 

FT 2y

 

 

 

FT 2y

 

 

 

FT 6m

(all concurrent)

AD Used business to create false documents and financial information for bank loans – once loans granted shared between parties involved – heavily involved in system with others - $490,000 found on premises

Herod

[2010] NSWCCA 17

s.193B(1)

 

Knowingly take part supply methylamphetamine

 

Possess more than 3 unregistered firearms

 

Sched:

Firearms offences

PG

(25%)

FT 18m

 

4y

NPP 2y

 

 

FT 6m

 

Total:

4y 3m

NPP 2y 3m

AD Search of house found 57.15g methylamphetamine, $26,000, rifles and ammunition – provided some assistance to girlfriend in drug supply business

Yow

(47)

[2010] NSWCCA 251

s.193B(2)

 

Sched:

3 offences

 

8 x False instrument offences

 

Sched:

30 offences

PG

(25%)

3y 6m

NPP 2y 7m 15d

 

 

 

3y 4m

NPP 2y 4m

 

Total:

3y 10m

NPP 2y 11m 15d

ADDishonesty offences

Found in possession of 25 counterfeit credit cards – used cards to purchase $41,000 worth of goods – one month later opened bank account in false name and deposited over $6,000 of proceeds from cards

Organised syndicate

Dela Cruz

(34)

[2010] NSWCCA 333

s.193B(2)

 

 

 

2 x Obtain financial adv by deception

 

Sched:

2 x Obtain financial adv by deception

PG

(not stated)

3y 5m

NPP 14m

 

 

5y

NPP 4y

 

Total:

6y 9m

NPP 4y 6m

AA

3y 2m

NPP 14m

 

5y

NPP 4y

 

Total:

6y

NPP 4y

 

Senior accounts clerk transferred money to own account - $21,930.22 and $53,740 – withdrew money – stole further $406,725.16 – changed companies and stole further $35,459.22

Element of double punishment

Burns

(53)

[2010] NSWCCA 279

s.193B(2)

 

s.193B(2)

 

Supply comm qty cocaine

PG

(25%)

FT 2y

 

FT 6m

 

6y 9m

NPP 4y 9m

 

Total:

8y

NPP 6y

ADDrug and dishonesty offencesFound in possession 251.1g cocaine and $2350 - $15,000 cash found at premises – money at premises related to separate criminal activity

Smaragdis

(26)

[2010] NSWCCA 276

s.193B(2)

 

 

Supply cocaine

 

 

Possess taser

PG

(25%)

FT 6m

 

 

25m

NPP 15m

 

FT 10m

 

Total:

2y 10m

NPP 2y

AA

FT 6m

 

25m

NPP 14m

 

10m

NPP 6m

 

Total:

2y 9m

NPP 1y 10m

nil

Found in possession of 25.6g cocaine – taser and $8,032 proceeds of crime in car

Genuine remorse – sold to support addiction

Ryan

[2011] NSWCCA 250

s.193B(2)

 

 

6 x Obtain financial adv offences

 

Sched:

34 dishonesty offences

PG

(25%)

4y

NPP 1y 6m

 

FT 2y

(each)

 

Total:

7y 6m

NPP 5y

ADFraud (NZ)

Specific details of s 193B(2) offence not stated – obtain financial advantage offences comprised of attempting use of stolen credit card and purchasing expensive items by fraudulent transfer of other people's funds using internet banking.

Lack of remorse – did not disclose NZ criminal history – drug use.

Sills

[2011] NSWCCA 271

s.193B(2)

 

 

Accessory after fact BES

PG

(15%)

2y 9m

NPP 1y 3m

 

FT 12m

 

Total:

3y

NPP 1 y 6m

AD 

Offender's sister broke into RSL Club at which she previously worked stealing $134k from safe – offender present at scene and knew sister was going to commit offence – sister gave some money to offender to assist with his gambling problem – precise amount given not clear.

Former police officer – gambling addiction.

Jeffery

(33)

[2012] NSWCCA 36

s.193B(2)

 

 

Supply comm qty amphetamine

 

s.166

2 x driving offences

PG

(not stated)

3y

NPP 1y 10m

 

8y

NPP 5y

 

FT 6m

(all concurrent)

ADViolence – weapons – breached bond

Drugs found in liquid form in bottle in storage shed – offender observed by police dealing with bottle – $46,700 found at home of offender

Member of bikie gang

Butler

(36)

[2012] NSWCCA 54

s.193B(3)

 

 

18 x Obtain benefit by deception

 

4 x Computer offence

 

Sched:

294 dishonesty offences

PG

(25%)

5y

NPP 3y

 

FT 3y

 

 

5y

NPP 3y

 

Total:

5y 3m

NPP 3y 3m

AA

to make all sentences concurrent

 

 

 

 

 

Total

5y

NPP 3y

Driving and drug possession

Bank employee with access to client details defrauded clients over two years – bank reimbursed victims $454,290

Abusive childhood – gambling and drug addiction

Yeonata

(29)

[2012] NSWCCA 211

 

[2013] NSWCCA 59

37 x s. 193B(1)

 

 

 

 

3 x Open account in false name

 

Sched:

Additional dishonesty offences

PG

(25%)

Indicative

2y – 4y 4m

 

 

 

6m – 2y

 

Agg

9y

NPP 6y 9m

AA

Total

6y 8m

NPP 5y

 

FT 9m

(concurrent)

nilOffences committed as part of large fraudulent scheme involving a number of persons - intercepted and stole posted cheques, fraudulently altered or counterfeited cheques and deposited them into fraudulent bank accounts - once cheques cleared cash withdrawn – offender's role was to go to banks with false documents to open bank accounts and to deposit stolen cheques – offender did not steal or alter cheques – opened 20 bank accounts and deposited 29 cheques worth $1,340,863.90 over several months - withdrew $45k commission – mere courier

Subramaniam

(36-40)

[2013] NSWCCA 159

3 x s.193B(2)

 

 

 

23 x s.178BA

PG

(25%)

Agg

15y

NPP 7y

AA

Indicative

3y 9m

 

1y – 3y 9m

 

Agg

11y

NPP 6y

 

Female senior financial accountant for financial institution – used position to transfer funds from corporate accounts over five years – purchased property and luxury goods and gave gifts - $45,388,249

Some reparation made although shortfall – personality disorder – sexually abused as a child – prospects of rehabilitation

Youkhana

[2013] NSWCCA 85

s.193B(2)

 

 

Act with intent to pervert course of justice

 

Give false evidence to Crime Commission

 

Financial Transactions offence

PG

(not stated)

3y 9m

NPP 2y 3m

 

FT 9m

 

 

 

FT 9m

 

 

FT 9m

 

Total:

4y 6m

NPP 3y

AD Husband involved in importation and distribution of large amounts of cocaine – spent $4,642,135 over 27 months on personal property – laundered money through associate - conspired with associate to give false testimony to Crime Commission – personally gave false evidence to Crime Commission – made 41 cash deposits into bank account under $10,000

Delaney

(48)

[2013] NSWCCA 150

s.193B(2)

 

 

 

2 x s99(2)

 

 

s.99(1)

VG

Indicative

2y

NPP 10m

 

2y

NPP 10m

 

18m

NPP 10m

 

Total:

2y

NPP 10m

Crown ADAOABH

Involved in members of Rebels Motorcycle Club threatening owner of tattoo parlour and requiring payment of $200 per week – received initial amount of $200 from victim V – took total of $400 from V

Regretted involvement with Club – difficult upbringing – loving father to 2 children – depression

Related case – O'Connell

Connell

(50)

[2013] NSWCCA 155

 

11 x s.193B(2)

 

 

 

13 x s 99(2)

PG

(10%)

Indicative

1y 9m

NPP 12m

 

1y 9m

NPP 12m

 

Agg

3y 3m

NPP 1y 9m

Crown ADLengthy history for dishonesty.  Drugs, assault, AOABH.

Involved in members of Rebels Motorcycle Club threatening owner of tattoo parlour and requiring payment of $200 per week - attended shop on twelve occasions to receive cash arrested in possession of $1,817.30 of which $750 was cash from victim – s.193B offences related to receipt of money on demand - callous behaviour towards victim

Difficult upbringing.

Related case - Delaney

Vo

[2014] NSWCCA 146

s.193B(1)

 

 

Supply large comm heroin

 

Supply comm heroin

 

 

Sched:

2 x possess

PG

(14%)

6y

NPP 4y

 

12y

NPP 8y

 

8y

NPP

(all concurrent)

AD 1.9kg heroin supplied over four months and over 71 occasions – 754g heroin found in three separate locations – deemed supply – found in possession of $217,109 cash – involved in supplying to two persons who supplied to users and street dealers

Kerr

(46)

[2014] NSWCCA 235

26 x s.193B(1)

 

2 x s.300(2)

 

11 x s.178BA(1)

VG

6m – 4y

 

5y

 

9m – 2y 6m

(concurrent)

 

Total:

6y

NPP 4y

(s.193B sentences increased total sentence by 12m)

ADnil

Company director opened two private accounts and arranged for company payments into first account (false instrument and obtain benefit by deception offences) - $1.3m paid in over four months although some money paid back – transferred $508,709.44 into second account over six months (money laundering offences) – planned and protracted criminal activity – use of false instruments treated as most serious element of criminality

On appeal – no error in adding discrete 12 months for money laundering offences – additional criminality

Hutchinson

(23)

[2014] NSWCCA 317

Supply ecstasy

 

 

s.193B(2)

PG

(50% plea and assist)

5y

NPP 2y 6m

 

FT 12m

(concurrent)

ADdriving record

Passenger in car found in possession of 497.4g ecstasy and $4,200 cash – drugs secreted in car without knowledge of driver – admitted bringing drugs from Queensland for purpose of sale – admitted cash from drug sales – some degree of planning and sophistication

Remorse – good prospects of rehabilitation

Jadron

[2015] NSWCCA 217

s.193B(2)

 

 

 

Supply methamphetamine

 

Supply cannabis

 

2y 11m

NPP 1y 6m

 

 

3y 4m

NPP 1y 9m

 

1y 10m

NPP 1y

 

Total:

4y 1m

NPP 2y 6m

AA

2y 11m

NPP 1y 6m

 

3y 4m

NPP 1y 9m

 

1y 10m

NPP 1y

 

Total:

3y 10m

NPP 2y 3m

prior convictions

Supplied drugs with co-offender from residential unit in small amounts on almost daily basis – over 6 months supplied 157.9g methamphetamine and 90g cannabis – cash totalling $5,580 found in residence on arrest

Funding addiction

Jones

(44)

[2016] NSWCCA 230

s.193B(1)

 

 

 

Supply lge comm pseudoephedrine

 

Possess proh weapon

 

Sched:

2 offences

PG

(25%)

Indicative

4y

NPP 2y 7m

 

9y

NPP 5y 10m

 

12m

NPP 8m

 

Agg

11y

NPP 7y

ADminor

SNPP 15 years

Transported over 27kgs pseudoephedrine from Perth to Sydney by train in plastic containers – took delivery of containers and transported to garage – methylamphetamines and $885 found in garage – search of house found knuckledusters and cash over $160,000 – drug dealer involved for financial gain

Moss

[2016] NSWCCA 242

s.193B(3)

 

 

 

s.193B(3)

 

 

Supply methamphetamine

PG

(25%)

Total:

4y 9m

NPP 3y 9m 23d

AA

3y

NPP 2y 3m

 

3y

NPP 2y 3m

 

3y 4m

NPP 2y 2m

 

Total:

4y 7m

NPP 3y 5m

Nil

Money and drugs located at offender's residence - $330,500 and $333,980 – 77.8g drug - activities involved degree of organisation evidenced in ledger kept by offender

Good character – supportive family – remorse - rehabilitation

Lamis

[2016] NSWCCA 274

Att s.193B(3)

 

 

Possess proh pistol

 

Sched:

Possess knife

PG

(25%)

2y 6m

NPP 18m

 

3y 9m

NPP 2y 3m

(concurrent)

ADBreached bond – history of assaults, sexual offences, robbery, weapons

Accompanied several persons involved in drug deal to collect money– carried loaded 9mm Sig Arms semi-automatic pistol in bag into Casino – would take custody of money from deal - gun not removed from bag and no threats made but prepared to use weapon if required – mid-range

Difficult personal history – mental health issues – drug addiction

Usher

(33)

[2016] NSWCCA 276

s.193B(2)

 

s.112(2)

 

Sched:

s.113(2)

PG

(10%)

FT 2y 6m

 

5y 10m

NPP 3y 3m

(concurrent)

ADLengthy – dishonesty and driving

Broke into food store using keys and codes supplied by co-offender – left on first occasion when alarms activated – three days later broke in and stole $90,815 – purchased car with his share (s.193B offence) – lower mid-range to below mid-range

Drug user – schizophrenia

Trejos

[2017] NSWCCA 122

s.193B(2)

 

Supply comm qty cocaine (499g)

 

Supply comm qty cocaine (498g)

 

Supply comm qty cocaine (498.67g)

 

Sched:

2 x supply

PG

(25%)

FT 4y

 

7y

NPP 4y

 

7y 6m

NPP 4y

 

8y 6m

NPP 4y 6m

 

Total:

11y

NPP 7y

ADOverseas record for drug offences.

Police surveillance - offender received drugs from overseas through the post – communicated with H in Australia who would then find a buyer – was "up-line" supplier to H – would receive payments after supplies completed - intimate knowledge of arrangements H made with others, even if did not know identity of purchaser - mid-range objective seriousness - principal – vital role, supplying to H and also collecting drugs when they arrived in Australia – $104,500 cash found in shoe box in house – admitted at least $80,000 from drug transactions

Offences for financial gain.

Elsaj

(40)

[2017] NSWCCA 124

s.193B(2)

 

 

s.193B(2)

 

Supply comm qty ecstasy

 

Supply comm qty cocaine

 

Supply cocaine

 

Sched:

6 possession offense

PG
(25%)

Indicative

5y 6m

 

2y 6m

 

9y 9m

NPP 6y 6m

 

10y

NPP 6y 9m

 

3y 6m

 

Agg:

16y

NPP 11y 9m

ADpriors – no drug offences

Supplied ecstasy tablets to co-offender over two months period – tablets supplied to under-cover operator – 489.49g total – on arrest found in possession of $113,145 cash and 999.5g compressed cocaine buried in back yard – while on bail search of house found 45.8g cocaine and other drugs and $52,000 cash in garage - well up in drug hierarchy – amount of cash suggests additional drug supplies – premeditated offences for financial gain

Violent and traumatic childhood in Lebanon

Atilgan

[2018] NSWCCA 5

s.193B(3)

 

 

s.193B(3)

PG

2y 6m

NPP 1y 6m

 

2y 9m

NPP 1y 6m

 

Total:

3y

NPP 1y 9m

ADDriving, malicious damage

Met with drug dealer on 2 different occasions – handed over $200,050 and $250,000 in bags.

Remorse – supportive family

Watkins

[2018] NSWCCA 24

​Supply methamphet

 

 

Supply cannabis

 

Possess unauth pistol

 

 

s.25A supply methamphet

 

Supply methamphet

 

s.193B(2)

 

Sched:
7 offences

 

s.166 Certificate
10 offences

​PG

(10-15%)

 

 

 

 

 

 

PG
(25%)

Indicative

3y

 
2y

 

2y
NPP 15m

 

4y 6m

 

 

4y 6m

 

4y

 

Agg
8y
NPP 5y


FT 6m
(concurrent)

​ADsupply offences – second offences committed on bail
​Drug dealing from rented premises – found in possession of 30.73g methamphetamine, 360g cannabis and pistol – after release to bail continued drug dealing – found in possession of 29.59g methamphetamine and $35,000

Mental health issues impacting custodial conditions

He

(49)

[2018] NSWCCA 123

​3 x s.193B(2)

 

Sched:

3 offences

​PG

(17%)

Agg:

5y

NPP 3y

​ADGoods in custody
​Female - offences involved taking commissions of monies following dealing with co-offenders – sums of $100k-$200k of which offender took commissions of around $9000 – discussed ongoing deliveries of large sums of cash of $200k and offender to make transfers - moderately serious offences.

Drug abuse - genuinely remorseful - low risk of reoffending

Last Updated: 2.7.2018

 

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