Director of Public Prosecutions v Meng
[2023] VCC 439
•20 March 2023
| IN THE COUNTY COURT OF VICTORIA AT Melbourne CRIMINAL DIVISION | Revised Not Restricted Suitable for Publication |
Case No. 21-02310
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| FANWEI MENG |
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JUDGE: | HIS HONOUR JUDGE WRAIGHT | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 3 March 2023 | |
DATE OF SENTENCE: | 20 March 2023 | |
CASE MAY BE CITED AS: | DPP v Meng | |
MEDIUM NEUTRAL CITATION: | [2023] VCC 439 | |
REASONS FOR SENTENCE
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Subject:CRIMINAL LAW – Sentencing.
Catchwords: Plea of guilty – Deal with money, being $100,000 or more, reasonably suspected of being the proceeds of crime – Aid, abet, counsel or procure the commission of an offence – Importing tobacco products with the intention of defrauding the revenue – Producing false document to a reporting entity – Escape from lawful federal criminal detention – No prior criminal history – Undertaking to assist law enforcement – Very good prospects of rehabilitation
Legislation Cited: Criminal Code (Cth) ss 11.2A, 11.2(1), 400.9(1); Customs Act 1901 (Cth) s 233BABAD(1); Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) s 137(1); Crimes Act 1914 (Cth) ss 16A, 16AC, 20(1)(b), 47(1); Sentencing Act 1991 s 6AAA.
Cases Cited:Samarakoon v The Queen [2018] VSCA 119; The Queen v Cartwright (1989) 17 NSWLR 243; The Queen v Su & Ors (1995) 129 FLR 120; The Queen v Jiao [2015] NSWCCA 95.
Sentence: Imprisonment for a period of 2 years and 3 months, to be released after serving 12 months and upon giving a recognizance in the amount of $3,000 to be of good behaviour for a period of 3 years.
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APPEARANCES: | Counsel | Solicitors |
| For the DPP | Mr A Sprague | Cth Director of Public Prosecutions |
| For the Accused | Ms J McGarvie | Paul Vale Criminal Law |
HIS HONOUR:
Introduction
1Fanwei Meng, you have pleaded guilty to:
(a) two charges of dealing with money, being $100,000 or more, reasonably suspected of being proceeds of crime contrary to subsection 400.9(1) of the Criminal Code (Cth) (‘Criminal Code’), which carries a maximum penalty of 3 years imprisonment (Charges 1 and 6);
(b) one charge of dealing with money, being $100,000 or more, reasonably suspected of being proceeds of crime contrary to subsection 400.9(1) of the Criminal Code by virtue of section 11.2A of the Criminal Code, which carries a maximum penalty of 3 years imprisonment (Charge 2);
(c) one charge of aid, abet, counsel or procure the commission of an offence, namely dealing with money, being $100,000 or more, reasonable suspected of being proceeds of crime contrary to subsection 400.9(1) of the Criminal Code by virtue of subsection 11.2(1) of the Criminal Code, which carries a maximum penalty of 3 years imprisonment (Charge 3);
(d) one charge of import tobacco products with the intention of defrauding the revenue contrary to subsection 233BABAD(1) of the Customs Act 1901 (Cth), which carries a maximum penalty of 10 years imprisonment (Charge 4);
(e) one charge of produce false document to a reporting entity contrary to subsection 137(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), which carries a maximum penalty of 10 years imprisonment (Charge 5); and
(f) one charge of escape from lawful federal criminal detention contrary to subsection 47(1) of the Crimes Act 1914 (Cth) (‘Crimes Act’), which carries a maximum penalty of 5 years imprisonment (Charge 7).
2You have no prior criminal history.
Circumstances of the offending
3A prosecution opening was tendered on the plea and maybe summarised as follows:
4You were 36 years old at the time of the offending. At the time, you lived at 7 Skipton Street, Box Hill. You are a citizen of the People’s Republic of China and arrived in Australia on 29 October 2019. At the time of arrest, you were on a bridging visa while your application for a permanent protection visa was being processed.
5The co-accused in this matter is Fuhai Li, an Australian citizen who was 34 years old at the time of the offending and living in Blackburn North.
Charges 1, 2 and 3
6Between 1 April 2020 and 14 July 2020, you and Mr Li operated together to launder money reasonably suspected of being the proceeds of crime through 11 bank accounts controlled by you and held in the following names:
(a) Fanwei Meng – seven accounts.
(b) Dongbeiren Plastering Pty Ltd – two accounts.
(i)Dongbeiren Plastering Pty Ltd was a company registered on 28 April 2020, with you listed as sole director and secretary, you were the sole signatory on the Dongbeiren bank accounts.
(c) Shengwei Gong – two accounts.
(i)These accounts were opened by you using a false passport in the name of Shengwei Gong, which is the subject of Charge 5.
7You and Mr Li deposited large amounts of Australian currency into the bank accounts over the relevant period, in 368 separate transactions totalling deposits of $2,801,850. These deposits were captured on CCTV at the banks. Some deposits were made by you alone, some by Mr Li alone, and some with both you and Mr Li in attendance.
8The money deposited was then debited or transferred out of the 11 accounts over the same period.
9Charges 1, 2 and 3 are rolled-up charges of dealing with money reasonably suspected of being the proceeds of crime, put on the following bases:
Charge 1
You dealt with money by depositing cash alone on 70 separate occasions into 8 bank accounts, between 1 April 2020 and 14 July 2020, totalling $1,174,900.
Charge 2
This was dealing with money by joint commission. You and Mr Li attended banks together to deposit cash on 224 separate occasions into 9 bank accounts, between 1 April 2020 and 14 July 2020, totalling $1,188,000.
Charge 3
Aiding, abetting, counselling or procuring the dealing with money by Mr Li, in relation to Mr Li depositing cash on 74 separate occasions into six bank accounts which you opened and operated for the purpose of the money laundering activities, between 1 April 2020 and 14 July 2020, totalling $438,950. The charge is put on the basis that your ongoing participation in the enterprise and with the accounts (including opening new accounts throughout the offending period) helped, supported and assisted Mr Li to be able to conduct those cash deposits that Mr Li did on his own.
10The 11 relevant bank accounts and CCTV-captured cash deposits are summarised in a table at paragraph 8 of the prosecution opening.
11Australian Federal Police (‘AFP’) officers obtained bank statements and extensive CCTV footage from the banks, revealing the extent of the enterprise and the individual and joint involvement of you and Mr Li.
12Physical surveillance of you and Mr Li was also conducted by the AFP, which included observing you and Mr Li travel together in Mr Li’s vehicle to a number of bank branches in Tarneit and Moonee Ponds on 10 July 2020, and in Kensington and Moonee Ponds on 15 July 2020.
13Using the WeChat messaging platform, between 9 April and 15 July 2020, you and Mr Li extensively discussed the arrangements in relation to the money laundering enterprise. These messages were in a WeChat group conversation located on an Apple iPhone later seized from Mr Li on 15 July 2020, which was then translated from Chinese to English.
14Extracts from the WeChat conversation are set out at Appendix A of the prosecution opening. The two participants in the message conversation were Mr Li, using the WeChat name ‘Melbourne Andy Li’, and yourself, using the name ‘Meng Xiao Dou’. The messages include discussion of the following:
(a) receiving and depositing cash;
(b) asking for exchange rates and ordering amounts of money in other group chats—for example:
(i)on 17 April 2020, Mr Li told you, ‘Ask for the exchange rate in the group chat…You say it in the group chat. Order 100 thousand.’
(ii)on 25 May 2020, you provided the exchange rate of ‘4.6’, and Mr Li stated, ‘Order 130 thousand’.
(c) discussing the exchange rate, profit margin and earnings—for example:
(i)on 15 June 2020, you said: ‘I get it. He’s transferring me 38640 and I give him 37234. 1405 is what I earn.’
(d) opening multiple bank accounts, including discussing opening an account with ‘all the banks’ in the name of ‘Dongbeiren Plastering Pty Ltd’, immediately after the company was registered on 28 April 2020.
15Numerous attachments and photographs were also shared on the WeChat conversation, including bank and visa documents in the name of Fanwei Meng and Dongbeiren Plastering, and identity documents and bank cards for Shengwei Gong and Fanwei Meng.
16The WeChat messages reveal that you and Mr Li were working closely together, with Mr Li playing a more senior and directing role. Specifically, Mr Li regularly gave instructions or information to you about what you should do, including ordering money through another group chat, transferring or depositing money, whether to open new bank accounts, and the information to provide to banks. You often asked questions or checked details before acting.
Charge 5
17As set out above, two of the accounts used to launder money were in the name of Shengwei Gong. In order to open those accounts, you produced a counterfeit People’s Republic of China passport, number G52294683, in the name of Shengwei Gong (DOB: 25 March 1984) (‘the Gong passport’). The address provided for both accounts was your residence in Box Hill.
18The Gong passport was a false document bearing your photograph, and it was produced to the banks for the customer identification requirements in the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
19You also produced the Gong passport to bank staff on 2 July 2020 when you deposited cash into the ANZ Shengwei Gong account at Carlton.
20You again produced the Gong passport on 22 June 2020 to open a third bank account in the name of Shengwei Gong, with Bank of Melbourne. This account was not used for any of the money laundering transactions which form the basis of charges 1, 2 and 3.
21The Gong passport was later seized from your bedroom at 7 Skipton Street Box Hill, after your arrest on 15 July 2020. The passport bore a photograph of you and was assessed to be counterfeit.
22The obtaining and use of the false passport to open bank accounts was also discussed in the WeChat conversation between you and Mr Li, extracts of which are set out in Appendix B of the prosecution opening. The conversations included discussion of the following matters:
(a) 27 May 2020: Discussion of ‘people’ making passports – you stated ‘With passports, unless they know you well, they don’t normally dare making you one’;
(b) 5 June 2020: You sent Mr Li an image of a passport with a blank identification page, telling Mr Li it was the ‘old version’ and asking ‘can this be used?’ Mr Li ultimately replied, ‘Sure can. The bank staff is not going to care’;
(c) 7 June 2020: You sent Mr Li a photograph of the identity page of the Gong passport, stating, ‘Just got the first page made. Got sent to me to check whether it’s good enough or not. I’ll let you know when arrived’;
(d) 3 June 2020: Discussion about needing a visa to go along with the passport. When Mr Li said that he thought it was ‘only NAB that requires it?’, you replied ‘NAB requires the visa expiration date. With the other banks, all they require is that you have a visa, doesn’t really need to date’;
(e) 13 June 2020: You said to Mr Li, ‘Seems like next Monday or Tuesday, the passport will arrive then…You make a visa’;
(f) Between 6 and 19 June 2020: Discussions about postage in relation to the passport, including shipping from China to Australia, and addressing the parcel to your Box Hill address; and
(g) 19 June 2020: Mr Li sent you a copy of a document purporting to be an Australian Government Visitor (subclass 600) visa grant document, in the name of Shengwei Gong.
Charge 4
23The examination of the iPhone seized from Mr Li on 15 July 2020 also revealed another WeChat group conversation (translated and transcribed as ‘Chat 190’) containing messages and photos in relation to three importations of cigarettes by you.
24The WeChat group conversation commenced on 17 April 2020, with the last activity occurring on 13 July 2020.
25The three participants of the WeChat group conversation used the WeChat aliases of ‘Melbourne Andy Li’ (Mr Li’s alias), ‘Meng Xiao Dou’ (your alias) and ‘littlefairy’.
26On 17 April 2020, the group name of the WeChat group conversation was changed by Mr Li to ‘Cigarettes’. Later on this date, an unknown participant stated ‘the name is too sensitive’, and a short time later Mr Li changed the group name to ‘yan’.
27The consignment details in the WeChat messages were later matched to records from courier company TNT Australia, which revealed the details for the three consignments, summarised in a table in the prosecution opening at paragraph 25.
28Based on the WeChat messages, it is alleged that the three consignments contained:
(a) consignment 349267121: 8 cartons of ‘Hongjinlong’ cigarettes (delivered 26 June 2020, consignment weight 5kg);
(b) consignment 124209811: 18 cartons of ‘Hongta’ cigarettes (delivered 3 July 2020, consignment weight 6.2kg); and
(c) consignment 137132475: 36 cartons of ‘Hongta’ cigarettes (delivered 28 july 2020, consignment weight 14.1kg).
29The messages in the ‘Cigarettes’/’yan’ WeChat group were primarily between you and ‘littlefairy’, and some of the messages are extracted in Appendix C of the prosecution opening. The messages included:
(a) numerous references to the packages containing cartons/cigarettes;
(b) the price of cigarettes—for example, on 23 June 2020 ‘littlefairy’ asked, ‘What’s the retail price for Hongtashan in Melbourne at the moment’, and you responded ‘170 retail’;
(c) the quantities to be imported, how much could be sold, and payment—for example:
(i)On 26 June 2020 ‘littlefairy’ asked “How many do you want to send? Do you have the funds to support?” and you replied: ‘100… Get 100 in this week, I’ll try and see how many can be sold, if they can’t be sold then ship it 50 by 50 next week, a lesser quantity. I’ll have 100 first to try.’
(ii)Also on 26 June 2020, you stated: ‘No issues with payback in Renminbi. 100 cartons, that’s 55000, the payback [unclear], it’s very simple to make the payback.’
(d) on-selling the cigarettes:
(i)On 26 June 2020 you stated: ‘I’m not selling them individually and when the cigarettes have arrived, I can just hand everything to someone in one go. I know someone who sells cigarettes, a friend, from the same place as I am. This person sells cigarettes. This is the person who supplied the cigarettes I smoke.’
(e) references to interception by Customs and the need for secrecy, including:
(i)not sending too many packages to one address;
(ii)‘little fairy’ told you to ‘burn the waybill’ and ‘burn the tracking number’; and
(iii)on 26 June 2020, ‘little fairy’ told you: ‘Get things with letters, with tracking numbers and stuff, try to have it handled as soon as possible. Don’t just throw them into the bin directly. Best to burn them, or throw them into a bin inside a shopping centre.’
30Also in the messages, photographs of cartons and consignments of cigarettes were sent by ‘littlefairy’ prior to sending the consignments and by you after receipt. After receiving consignment 349267121 on 26 June 2020, you sent two short videos showing a computer case, with cartons of cigarettes concealed within. In a message shortly after, you confirmed that there were ‘8 Hongjinlong’, that is, eight cartons of Hongjinlong cigarettes.
31The WeChat conversation also contains details of a payment by you to ‘littlefairy’ on 3 July 2020 of 9,900 Chinese Yuan RMB, worth approximately AU$2,018 at the time. It is alleged that the payment was for consignment 124209811, consistent with the value of 18 cartons of Hongta at 550 RMB each, as stated in the messages on 28 June 2020.
32The cigarettes were imported with the intention of defrauding the revenue, by avoiding the customs duty payable on tobacco.
33The three imported consignments of cigarettes were not intercepted or seized. Based on the total number of cartons imported (62) and estimated minimum contents of each carton (10 packs of 20 cigarettes each, or 200 cigarettes), the number of cigarettes imported was approximately 12,400, and therefore the value of duty payable and evaded was in the order of $11,775.
Charge 7
34At about 12.30pm on 15 July 2020, AFP officers attended near the Commonwealth Bank of Australia branch located at 49 Puckle Street, Moonee Ponds, for the purpose of executing a section 3E Crimes Act search warrant on you. Mr Li was also in the vicinity.
35AFP officers observed you using an ATM.
36AFP officers approached and advised you that you were under arrest for dealing with property reasonably suspected of being proceeds of crime. The officers advised you of your arrest verbally, and also by the physical contact of officers holding you by the arm. At this time AFP officers also showed you their police identification.
37AFP officers then escorted you towards their police vehicle a short distance away, where you shrugged the hold of a Federal Agent and ran away down Puckle Street. You ran 40 metres along the footpath of Puckle Street, crossed the road causing vehicles to swerve, and then ran a further 40 to 50 metres along the footpath. Mr Li also attempted to impede police from pursuing you. You were ultimately intercepted and slowed by an AFP Surveillance member, and then re-arrested by police.
38Mr Li was also arrested nearby.
Charge 6
39Police searched you, Mr Li, and Mr Li’s vehicle (a Lexus IS300 with the registration ‘ANDYLI’), and located and seized the following:
(a) From you:
(i)$7,955 cash in your windcheater pocket; and
(ii)a wallet containing 10 bank cards in the names of Fanwei Meng, Dongbeiren Plastering Pty Ltd and Shengwei Gong.
(b) From Mr Li:
(i)$72,350 cash in a grey backpack;
(ii)a white and pink Apple iPhone; and
(iii)a CBA bank deposit receipt for a $10,000 ATM deposit at Knox City on 14 July 2020.
(c) From vehicle ‘ANDYLI’:
(i)$280,000 cash in the boot of the vehicle in bundles of $50 notes; and
(ii)banking documents related to Shengwei Gong of 7 Skipton Street, Box Hill, located in the glove box, on the floor of the cabin, and in the boot.
40Also on 15 July 2020 AFP executed search warrants at your residential premises at 7 Skipton Street Box Hill, and seized:
(a) $7,500 cash;
(b) a People’s Republic of China passport, number G52294683 in the name of Shengwei Gong; and
(c) a Bank of Melbourne account opening and Visa debit card documents, in the name of Shengwei Gong.
41In relation to Charge 6, you dealt with a total of $367,805 cash reasonably suspected of being the proceeds of crime, by being in possession of the following amounts on 15 July 2020:
(a) Jointly with Mr Li at Moonee Ponds –
(i)$7,955 in your pocket;
(ii)$72,350 in Mr Li’s backpack; and
(iii)$280,000 in the boot of Mr Li’s vehicle.
(b) $7,500 at your residence at Box Hill.
42A further quantity of cash was also seized from Mr Li’s residence in Blackburn North.
Interview
43You were transported to AFP Melbourne headquarters for interview with an interpreter, and made the following statements:
(a) you worked in construction doing metal house frames and plastering, earning about $5,000 a month, but you had not worked for about one month due to the COVID-19 outbreak;
(b) you had a business called Dongbeiren which had done about $200,000 of business in plastering and metal work in the last couple of months;
(c) you had four bank accounts – one Commonwealth Bank, one ANZ and two others;
(d) sometimes you deposited money for Mr Li and the highest amount was around $100,000;
(e) Mr Li told you the money was from selling milk powder, and you helped Mr Li by depositing the money so that you could learn how to sell milk powder and health supplements;
(f) you deposited the money into different accounts in different transactions so that it would not all be done at the same time and because the money was not yours;
(g) when arrested at the ATM, you were depositing $4000 given to you by Mr Li;
(h) you did not know why you would drive to various banks 30 minutes apart to deposit money or why the passport in the name of Shengwei Gong had your photograph on it;
(i) you found the Shengwei Gong passport at a construction site; and
(j) you ran away from police because of COVID, as you thought you would be fined $1000.
44Mr Li was also interviewed by police on 15 July 2020.
45You and Mr Li were subsequently charged and released on bail.
Nature of gravity of the offending
46Dealing first with the charges related to money laundering, charges 1, 2, 3, and 6.
47As was sensibly conceded by Ms McGarvie, who appeared on your behalf, in assessing the gravity of your conduct, the total quantum in relation to charges 1, 2, 3 and 6 being $3,169,655, is a matter of paramount consideration.[1] As is self-evident, the amount of money dealt with in relation to each individual charge is many times the statutory threshold of the charge, being $100,000 or more.
[1] Samarakoon v The Queen [2018] VSCA 119, [68].
48In this instance it is accepted that you were acting under the direction of the co-accused Fuhai Li and while it appears you were initially offered a commission, it was submitted that you received a daily payment of between $300 and $800 when you made bank deposits at the request of Mr Li. As such it was submitted that you were a low-level participant, with little autonomy.
49Mr Sprague, who appeared on behalf of the Commonwealth Director of Public Prosecutions, submitted that although you may have been acting under direction, you performed a crucial role in the machine of organised crime, processing or laundering cash reasonably suspected of being the proceeds of crime. Further, in relation to charges 1, 2 and 3, your involvement in making deposits either on your own or together with Mr Li amounted to some 368 separate transactions.
50While a separate charge on the indictment, the false passport containing your photograph was produced to the banks for customer identification requirements pursuant to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and clearly was a mechanism used by you to assist in making a number of the transactions.
51In the circumstances, while I accept that you were performing a role for a specific fee on instructions, you nonetheless willingly played a vital part in the laundering of a substantial amount of money over a three month period, involving numerous transactions. In the circumstances on any view, your conduct is serious.
52As to charge 4, importing tobacco products, it is well established that offending of this nature, which can broadly be described as defrauding the Commonwealth, is serious offending. The charge is, however, capable of covering a wide range of offending and in this instance it is conceded by the prosecution that your conduct represents a relatively low level example, evading in the order of $11,775 duty payable to the Commonwealth.
Personal circumstances
53You are now 38 years of age and were born in a rural part of Jilin province in China, close to the border of North Korea.
54Your father worked on the railways, connecting train compartments together. When you were aged around five years old, your father sustained a head injury in a workplace accident. Your mother divorced your father during his recovery period. You lived with your father after the divorce while your mother started a new family and had no further contact with you until you were approximately 30 years old.
55After the divorce, your father developed schizophrenia and as a result of this condition, he would occasionally have violent episodes, get lost while walking and forget food left cooking in the kitchen, which resulted in fires. Due to your father’s condition, you moved out of home and lived with friends, neighbours and relatives.
56You have not received formal education past primary school and at age 15, you obtained employment working in agriculture. You tended fields and harvested corn. You performed this work until you were 23 years old, at which time you became a labourer in residential construction and worked in various provinces in China in this capacity. You also spent a short time in South Korea working in the construction industry.
57You met your wife in 2014 and married in 2017. She has a son, your stepson, aged 13. Your wife and stepson live in China and looked after your father prior to his passing in 2022. You were not able to travel back to China for the funeral. You came to Australia in October 2019 and obtained work as a labourer at a steel company. You were earning about $5,000 per month and remitting money back to your family in China. However, the income soon dried up in early 2020 due to the COVID-19 pandemic.
58Whilst on bail in relation to this matter, you remained employed, working at a strawberry farm in Dandenong. Following that, you worked for a fencing company, but ceased after sustaining an ankle injury. Up until you were remanded, you were working as a delivery driver for a dumpling factory four days a week.
59You are currently on a bridging visa.
Sentencing considerations
60As the charges to which you have pleaded guilty to are Commonwealth charges, I am required to sentence you in accordance with Part 1B of the Crimes Act. Pursuant to s 16A(1) of the Crimes Act, the overarching principle is that any sentence I impose must be of ‘a severity appropriate in all the circumstances of the offence’. As part of that process, I must take into account the non-exhaustive list of matters pursuant to s 16A(2) of the Crimes Act that are relevant and known to the court.
61First, I take into account your plea of guilty, which was entered at the earliest available opportunity, being the committal mention stage. As such, your plea has great utilitarian benefit and has facilitated the course of justice. Your plea of guilty carries additional weight which must be reflected in a further amelioration in sentence, as the plea has been entered in circumstances where the pandemic has resulted a substantial backlog of cases in the criminal justice system.[2]
[2] Worboyes v The Queen [2021] VSCA 169 at [39].
62I take in to account that you offered to cooperate with the authorities at an early stage, before the matter had resolved which ultimately resulted in you providing a formal statement to police which I will deal with below in relation to s 16AC.
63It was submitted on your behalf that delay is a relevant consideration as it has been two and a half years since the time of your arrest to the conclusion of this matter. The delay has not been attributable to you and, as noted, you entered the plea of guilty at the committal stage. I accept in the circumstances this delay has resulted in anxiety and uncertainty for you. Further, during the period of delay you have not reoffended, you have complied with your bail conditions and you remained employed. As such, in my view, delay is able to be taken into account in mitigation.
64The prospect of deportation is a matter that can be taken into account in this instance. As you will be sentence to a term of imprisonment, the possibility of deportation is a matter that will make the burden of imprisonment more onerous for you. That said, as your family has remained in China, any possible deportation order will not have the effect of separating you you’re your family and as such this aspect of the deportation has limited application.
65As you do not speak English and have no supports in Australia, I accept that your time in custody will be more onerous as a result. You will be relatively isolated and are unlikely to receive visits in custody.
66Pursuant to s 16AC, I take into account that you have given a sworn undertaking to cooperate in the future by giving evidence at the trial of your co-accused in this matter, Fuhai Li, pursuant to the statement you have sworn, dated 27 February 2023. It was submitted that your cooperation was full and frank, providing details of your interactions with Mr Li. Further, in the statement you have provided other information in relation to individuals connected with the money laundering related to these charges, and with the tobacco importation. That said, it was submitted on behalf of the prosecution that although you cooperated by providing the statement, in the circumstances, your evidence is considered to be of low value given the strength of the prosecution case against Mr Li.
67It is also accepted that the provision of the statement has resulted in you being placed at great risk. Consequently, you have been classified as a protection prisoner.
68Turning specifically to your undertaking. In my view, in all the circumstances, you are entitled to a moderate discount as a result of your undertaking to co-operate in the future by giving sworn evidence at the trial of Mr Li. In coming to this view I have taken into account the relevant principles in accordance with The Queen v Cartwright[3] and The Queen v Su & Ors.[4] I also take into account that your willingness to cooperate in the future is further evidence of your acceptance of responsibility. I also take into account that the risk to you impacts on your conditions in custody.
[3] (1989) 17 NSWLR 243, 252-257.
[4] (1995) 129 FLR 120, 198-200.
69Regarding your prospects of rehabilitation, you come before the court with no prior or subsequent convictions and a good work history. In the circumstances I assess you prospects as very good.
70In relation to charges 1, 2, 3 and 6, as was noted in The Queen v Jiao,[5] money laundering offences are regarded as very serious in respect of which the need for general deterrence is of particular significance. Specific deterrence, in my view should carry little weight given your lack of criminal history and your good prospects of rehabilitation.
[5] [2015] NSWCCA 95, [31].
71A number of comparative cases were referred to by the parties. While each case must turn on its own facts, I have taken those cases into account.
72Finally, having weighed the applicable sentencing considerations, pursuant to s17A(1) of the Crimes Act 1914, I am satisfied that no other sentence is appropriate other than a term of imprisonment.
Sentence
73Mr Meng, would you please stand.
74Fanwei Meng, on Charges 1 and 2, dealing with money suspected of being the proceeds of crime, you are convicted and sentenced to 18 months imprisonment on each charge. On Charges 3 and 6, dealing with money suspected of being the proceeds of crime, you are convicted and sentenced to 12 months imprisonment on each charge. On Charge 4, importing tobacco products, you are convicted and sentenced to 12 months imprisonment. On Charge 5, producing a false or misleading document you are convicted and sentenced to 18 months imprisonment. On Charge 7 you are convicted and sentenced to 1 month imprisonment.
75The sentences on Charges 1 and 7 commence today. The sentence on Charge 2 commences 2 months after the commencement of the sentence on Charge 1. The sentence on Charge 5 commences 5 months after the commencement of the sentence on Charge 2. The sentence on Charge 3 commences 3 months after the commencement of the sentence on Charge 5. The sentence on Charge 4 commences 1 month after the commencement of the sentence on Charge 3. The sentence on Charge 6 commences 4 months after the commencement of the sentence on Charge 4.
76The intended cumulation is that 2 months of the sentence on Charges 2, 3, 5, and 6, and 1 month of the sentence on Charge 4 be served cumulatively on each other and on Charge 1, making for a total effective sentence of 2 years and 3 months imprisonment.
77Pursuant to s 20(1)(b) of the Crimes Act, I direct that you be released after serving 12 months of that sentence and upon giving a recognizance in the amount of $3,000 to be of good behaviour for a period of 3 years.
78I am required to explain to you that if you breach the conditions of the order you may be brought back before the court to be dealt with for that breach, which could include being ordered to serve the remaining prison component of the order, and you may be required to forfeit the $3,000.
79Pursuant to s 16AC(2) of the Crimes Act, I am required to specify the sentence that would have been imposed but for the reduction in sentence as a result of your co-operation. I am also required pursuant to s 6AAA of the Sentencing Act 1991 to indicate the sentence that would have been imposed but for your plea of guilty.
80The total sentence I would have imposed but for the s 16AC undertaking and your plea of guilty, is 4 years imprisonment. I have deducted 12 months from the head sentence for your plea of guilty, and a further 9 months for your s 16AC undertaking. As to the recognizance release order, but for the s 16 AC undertaking, I would have directed that you serve 18 months before being released.
81I declare that 17 days be reckoned as the period of imprisonment already served under the sentence I have imposed. That does not include today.
| Charge | Offence | Maximum | Sentence | Commencement/cumulation |
| 1 | Dealing with money or property reasonably suspected of being the proceeds of crime, $100,000 or more (s 400.9(1) of the Criminal Code (Cth)) | 3 years | 18 months | 20 March 2023 |
| 2 | Dealing with money or property reasonably suspected of being the proceeds of crime, $100,000 or more (ss 11.2A, 400.9(1) of the Criminal Code (Cth)) | 3 years | 18 months | Commences 2 months after commencement of Charge 1 |
| 5 | Produce false or misleading document (s 137(1) Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)) | 10 years | 18 months | Commences 5 months after commencement of Charge 2 |
| 3 | Dealing with money or property reasonably suspected of being the proceeds of crime, $100,000 or more (ss 11.2(1), 400.9(1) of the Criminal Code (Cth)) | 3 years | 12 months | Commences 3 months after commencement of Charge 5 |
| 4 | Import tobacco products with the intention of defrauding the revenue (s 233BABAD(1) Customs Act 1901 (Cth)) | 10 years | 12 months | Commences 1 months after commencement of Charge 3 |
| 6 | Dealing with money or property reasonably suspected of being the proceeds of crime, $100,000 or more (s 400.9(1) of the Criminal Code (Cth)) | 3 years | 12 months | Commences 4 months after commencement of Charge 4 |
| 7 | Escaping from lawful federal criminal detention (s 47(1) Crimes Act 1914 (Cth)) | 5 years | 1 month | 20 March 2023 |
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