Director of Public Prosecutions v Pan

[2017] VCC 1842

IN THE COUNTY COURT OF VICTORIA  Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR 17-01549

DIRECTOR OF PUBLIC PROSECUTIONS

v

YANGTONG PAN

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JUDGE:	HIS HONOUR JUDGE CHETTLE
WHERE HELD:	Melbourne
DATE OF HEARING:	8 December 2017
DATE OF SENTENCE:	8 December 2017
CASE MAY BE CITED AS:	DPP v Pan
MEDIUM NEUTRAL CITATION:	[2017] VCC 1842

REASONS FOR SENTENCE
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Subject:
Catchwords:
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Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Ms H. Baxter
For the Accused	Mr I. Hill

HIS HONOUR:

1Yangtong Pan, you have pleaded guilty to three charges of dealing with suspected proceeds of crime in excess of $100,000.  Contrary to sub-s.400.91 of the Criminal Code (Cth).  Each of those offences carries a maximum penalty of three years' imprisonment.

2The facts of your offending are set out in Exhibit A, the prosecution opening.  It was read to you this morning by the learned Crown prosecutor.  Your counsel, Mr Hill QC indicated that I could treat that document as an agreed statement of fact.  I incorporate it into these reasons for sentence and sentence you on the basis of the facts set out therein.

3I have had the benefit of extensive, comprehensive and very valuable submissions from both parties.  Exhibit B are the prosecution submission which, I must say, are as good as I have ever seen in my 14 years on the Bench.
Mr Hill's submissions make the obvious points, which I will come back to in a moment.

4In addition to the submissions, there is evidence of your prior good character from the character references tendered and a psychological report from
Mr Newton, Exhibit 3, makes it clear that you were a naïve and immature young man at the time of your offending.

5You are an only child of parents who have come here today to support you from China.  You led a sheltered, but caring and supportive existence as a child.
Mr Hill made the point that up until the time you came here, you had probably never made a decision for yourself.  Your father brought you here to study.

6You were apparently a talented artist and thereafter, you became involved with a group of older men connected to apparently, a syndicate of significant drug dealers.  You, over a period of some six weeks on numerous occasions, arranged for money to be transferred to China, in all, something in excess of $1.2 million was transferred by you.  It was not the most clever of schemes when one has regard to the fact that the number of transactions and the size of the transactions were bound to see them reported, pursuant to the Cash Transactions Reporting Act, where transactions in excess of $10,000 are notified to the Taxation Department, and you used your own name and your own bank account to facilitate the transfers.

7That said, it was ongoing, repetitive and serious offending.  Both the prosecution and Mr Hill accept that you fall in the mid-level of seriousness of offenders, and I think that this description is appropriate.  Mr Hill sought to put you towards the lower end of the middle range, but the distinction is academic.

8I sentence you as a naïve and young man.  You are still only 20, and significantly in my view, you were 18 at the time of your offending, away from home for the first time, in a foreign country, influenced by others.  You have expressed shame and remorse for your offending and I suspect that you feel shame and remorse for having let your family down.

9In sentencing you, I have to regard to all the factors set out in the prosecutor's useful submissions.  Significantly, your age is a significant sentencing factor as I said.  All the principles of The Queen and Mills apply in your case, and although there is a need to express general deterrence in the sentence I am going to impose, that is moderated by your age.

10I take into account the fact that you pleaded guilty and I accept that that plea of guilty demonstrates your remorse for your crimes and was entered at an early opportunity.  It does have significant utilitarian benefit.  You have spared the community the time and expense of an expensive criminal trial and you are entitled to a reduction to the sentence I would otherwise impose to reflect your pleas of guilty.

11I also take into account your preparedness to cooperate with the authorities.  It seems that cooperating was not required, but your preparedness to help or assist at least demonstrates firstly, your prospects of rehabilitation and secondly, a matter which I should take into account in reducing your sentence.

12It is common ground, your counsel properly and sensibly conceded, that some form of custodial sentence is involved and needs to be imposed in your case.  Your offending was serious, repeated, not isolated and involves a substantial sum of money.

13But for your age, you would be going to gaol.  Because you are young and because you were only 18 at the time, general deterrence is perhaps not as important as it would be in other cases.  In fact, that is clearly the case.  Your rehabilitation becomes the primary sentencing goal.  I have had you assessed for your suitability to undergo a detention in Youth Justice Centre, and with some reservations, primarily because of your language and motivation issues, you have been found suitable for such a disposition.

14You are going to find time in detention difficult.  I have taken account of the fact that you apparently will be the only Chinese speaking, non-English speaking person in youth detention.  You will be socially isolated, perhaps held in a higher security then you would otherwise be because of the fact that your visa is likely to be cancelled and ultimately, you will be deported.  The risk of deportation is often regarded as a factor to take into account in sentencing.  But in this case, you want to be deported, you want to go home and the risk of that does not impose any added burden upon you.

15I have had regard to the sentences imposed upon your co-accused.  As I remarked during your plea, they are not identical sentences and there are comparisons of what I would say, apples and oranges in some cases.  Your co-offenders were older, there was only a limited overlap in offending and one of them had totally different offending than yours.

16Having regard to all the factors I am required to consider, I am of the view that really, the only option for this court is a term of youth detention.

17On all three charges, you are convicted and you are sentenced to be detained in a Youth Justice Centre for 30 months.­

18There is no PSD, is there?

19MR HILL:  There is not.

20HIS HONOUR: I indicate pursuant to s.6AAA of the Sentencing Act that but for your pleas of guilty, I would have imposed a term of imprisonment of three years with a non-parole period of two years.  Any other matters, Madam Prosecutor?

21MS BAXTER:  No, Your Honour.

22MR HILL:  No, Your Honour.

23HIS HONOUR:  Would you take Mr Pan downstairs please?  You will see him down there.  Any other matters?

24MR HILL:  No, Your Honour.

25HIS HONOUR:  No ancillary orders?

26MS BAXTER:  No, Your Honour.

27HIS HONOUR:  Thank you.  Thank you both very much for your assistance and the way in which you were able to dispose of it in a timely matter.  Thank you, Mr Bell.  Good luck.  All right, I will stand down.  Adjourn till tomorrow.

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