Director of Public Prosecutions v Wong

[2014] VCC 1204

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

AT MELBOURNE
CRIMINAL JURISDICTION

CR 14-00898

COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

v

CHUN WA WONG

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JUDGE:	HER HONOUR JUDGE QUIN
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	29 July 2014
CASE MAY BE CITED AS:	DPP v Wong
MEDIUM NEUTRAL CITATION:	[2014] VCC 1204

REASONS FOR SENTENCE
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Subject:
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APPEARANCES:	Counsel	Solicitors
For the Commonwealth Director of Public Prosecutions	Mr R. DeVietri
For the Accused	Ms S. Exner

HER HONOUR:

1Chun Wa Wong, you have pleaded guilty to one charge of money laundering, that is dealing with money which it is reasonable to suspect was the proceeds of crime.  This offence was committed in February 2014.

2The maximum penalty for this offence pursuant to s.400.91 of the Criminal Code (Commonwealth) is three years' imprisonment and/or a fine of 180 penalty units or $30,600.

3The circumstances of your offending are set out in Exhibit A, Summary of Facts for Plea Hearing.  You committed this offence with your co-accused, Ying Wey Wang.  Police located you both travelling in a car, jointly in possession of the sum of $800,080 cash.

4On 25 February 2014 Wang booked you a plane ticket to Sydney.  Wang had already booked a ticket for himself and you travelled with him to Sydney the following day.  You met Wang at Melbourne Tullamarine Airport and boarded the plane to Sydney.

5In Sydney you both travelled by taxi to a train station in North Sydney where you were met by an unknown third party.  A password was provided to that third party by Wang, who then provided you and Wang with two bags containing the cash.  Later that day you returned together on the same plane to Melbourne.

6You had the bags filled with cash with you when you left the airport in Melbourne, and you travelled to Elgar Road, Box Hill.  You were intercepted by police in Elgar Road.  The car was searched and the two bags containing the cash, along with a number of mobile phones, were seized.  You were interviewed by police and gave mainly no comment answers.

7You are currently 29 years of age.  You are the only child of your parents who reside in Hong Kong.  You spent your earlier childhood with your parents in Hong Kong, and then between the ages of eight until you attended secondary school, you lived with your paternal grandparents in Xing Zhou, China.  You lived with your parents in Hong Kong and completed your secondary education there.

8Your father passed away in 2007 and you have since been working to support your mother and extended family.  Your mother was involved in a serious car accident in January last year and requires your help in caring for her.  I received material relating to this accident and your mother's current state of health and I take those matters into account.

9Whilst in Hong Kong you were gainfully employed at the Bank of China.  In Australia you have worked in hospitality, employed in a bakery.  You became involved in these activities the subject of the charge in December 2013.

10You are in Australia on a temporary working visa which expires on 22 October this year.  You anticipate you will be deported once you are released from custody for this matter.

11It was conceded by the prosecution that you were a lesser player in this offence than your co-accused Wang and other unidentified third parties involved in the scheme.  I was referred to portions of the depositions where it was clear that you reported to others above you in the hierarchy and followed their directions.  You did not receive, or anticipate receiving, any financial reward for your involvement.

12Consistent with this lower level of culpability you have pleaded to the less serious charge for this kind of conduct. Part 10 of the Criminal Code sets out offences relating to money laundering, the respective culpability of which is determined by the quantum of funds involved and the state of the mind held by the offender at the time at which they commit the offence.

13This offence is toward the lower end of the range of this kind of offence, with the maximum term of imprisonment of three years in contrast to some other offences dealt with under this part which have maximum terms of up to 25 years.

14You have been in custody since your arrest in February 2014.  The circumstances of your incarceration have been difficult given your limited understanding of English, but also given the transient nature of your incarceration in less than optimal conditions.

15You were held for two days at the Custody Centre, then three weeks at Ringwood Police Station cells and then three weeks at MAP.  It was only at this time that you were able to make contact with your family in Hong Kong.  You are now at the Custody Centre and are able to communicate with some of the prisoners of similar background to you.  You have also completed a number of courses whilst in custody (see Exhibit 5).

16You have pleaded guilty to these matters at the first opportunity. Pursuant to s.16A(1)(g) of the Crimes Act I am required to take into account the fact you pleaded guilty at an early stage.  I accept your guilty plea indicates remorse and that you have significantly facilitated the course of justice.  You have no prior convictions in Victoria and I was informed you have no prior convictions in Hong Kong.

17Pursuant to s.16A of the Act I must impose a sentence that is of a severity appropriate in all of the circumstances of the offence.  Section 16A(2) of the Act obliges me in sentencing you to take into account the matters referred to within that section, as are known to the court, and I have done so.

18While general deterrence is not specifically listed it is a matter to be accorded weight given the nature of your offending.  I was provided with copies of authorities and a comparative table of sentences imposed for similar kind of offending.  I have had regard to these materials though the assistance they can provide is limited given the different circumstances in each individual case.

19Chun Wa Wong I sentence you to a period of 12 months' imprisonment.  I declare that you have served 154 days of pre-sentence detention.  Is that correct?

20MR DEVIETRI:  Yes Your Honour.

21HER HONOUR:  I order you serve a period of four months' imprisonment before being released on recognisance in the sum of $1000 to be of good behaviour for a period of two years.  Given the pre-sentence detention Mr Wong that means you will be released forthwith.

22Notwithstanding your imminent deportation I am required to explain the purpose and consequences of making the Recognisance Release Order that I have just made.  The order reflects the gravity of your offence but also the mitigating factors to which I have referred in the course of these reasons.

23You have already served, as I indicated, the period of imprisonment imposed.  If you are of good behaviour over the following two year period that will be the end of the sentencing process as far as this court is concerned.  If you are not of good behaviour in all likelihood you will be brought back before this court and depending on the nature and seriousness of the transgression the court may either take no action, impose a fine, extend the period of your good behaviour, impose a different penalty, revoke the Recognisance Release Order or send you back to prison for the balance of your sentence.

24But for your plea I would have sentenced you to a total of 18 months' imprisonment and fixed a Recognisance Release Order for a period of 12 months.  Are there any other matters?

25MR DEVIETRI:  No Your Honour.

26HER HONOUR:  Thank you.  I think that that order needs to be signed Mr Wong and I will have that prepared now.  Mr Wong my associate's just coming to you now to sign the documentation and she will go through with the interpreter what it is that you are to sign.

27MS EXNER:  Can I seek leave to ‑ ‑ ‑ 

28HER HONOUR:  Sure.  My associate's just making copies, counsel are excused if you want to leave the Bar table.

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