Director of Public Prosecutions (Cth) v Hoang

[2024] VCC 564

IN THE COUNTY COURT OF VICTORIA

Revised

Not Restricted

Suitable for Publication

AT MELBOURNE

CRIMINAL JURISDICTION

CR-22-01595

DIRECTOR OF PUBLIC PROSECUTIONS (CTH)

v

ANH HOANG

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JUDGE:	HIS HONOUR JUDGE MAIDMENT
WHERE HELD:	Melbourne
DATE OF HEARING:	30 April 2024
DATE OF SENTENCE:	30 April 2024
CASE MAY BE CITED AS:	DPP (Cth) v Hoang
MEDIUM NEUTRAL CITATION:	[2024] VCC 564

REASONS FOR SENTENCE

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Subject:Plea – sentencing

Catchwords:          Conduct transactions so as to avoid reporting requirements relating to threshold transactions

Legislation Cited:  Crimes Act 1914 (Cth)

Cases Cited:

Sentence:Convicted and fined $5,000

APPEARANCES:	Counsel	Solicitors
For the Commonwealth	Mr S. Ginsbourg	Office of Public Prosecutions (Cth)
For the Accused	Ms A. Liang	Giorgianni & Liang Lawyers

HIS HONOUR: 

1I do not think I need to adjourn this case for sentence, as the facts are more than adequately set out in the prosecution opening, which is Exhibit A.  I have received the prosecution plea submissions, which I will mark Exhibit B.  I have the written submissions which have been spoken to by Ms Liang on behalf of the offender, which is Exhibit 1.  I have indicated my views about the appropriateness of the conviction and the level of fine that I think would be appropriate in all the circumstances.

2It seems to me that the sentencing objectives set out in s16A(1) of the Crimes Act 1914 (Cth) to punish adequately for the offending, and the matters that are relevant to be taken into account arising from s16A(2) of that Act, without going through those exhaustively, are I think adequately met by the sentence that I have in mind.

3In those circumstances, Anh Ngoc Hoang, for the offence of conducting transactions so as to avoid reporting requirements relating to threshold transactions, contrary to s142(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), I convict you and order that you pay a fine of $5,000.

4That I think is dealt with by another body these days, rather than giving time to pay. 

5MR GINSBOURG:  Yes, that's so, Your Honour.

6HIS HONOUR:  Sorry, I can give time to pay?

7MR GINSBOURG:  Yes.

8HIS HONOUR:  I can give time to pay.  How long do you think your client would need to pay the 5,000.   

9MS LIANG:  Your Honour, I'll need to seek some instructions.  May I just approach.

10HIS HONOUR:  Yes. 

11MS LIANG:  Thank you for that time, Your Honour.  Mr Hoang seeks a stay of six months.  I understand then he can make arrangements with Fines Victoria, that's the body that deals with the fines, to pay in instalments.

12HIS HONOUR:  All right.  I'll give him six months to pay.

13MS LIANG:  Yes.  Thank you, Your Honour.

14HIS HONOUR:  But for your plea of guilty to this offence I would have convicted you and ordered you to pay a fine of $10,000.

15MS LIANG:  As the court pleases.

16HIS HONOUR:  Anything else from either counsel?

17MR GINSBOURG:  No, Your Honour.

18MS LIANG:  Nothing further, Your Honour.

19HIS HONOUR:  Thank you both. 

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