SUPREME COURT OF VICTORIA
COURT OF APPEAL
S EAPCR 2022 0029
| WONSEOB JUNG | Applicant |
| v | |
| THE QUEEN | Respondent |
----
----
| JUDGE: | PRIEST and BEACH JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 12 April 2022 |
| DATE OF JUDGMENT: | 12 April 2022 |
| MEDIUM NEUTRAL CITATION: | [2022] VSCA 68 |
| JUDGMENT APPEALED FROM: | DPP v Jung [2022] VCC 218 (Judge Hampel) |
---
CRIMINAL LAW – Appeal – Sentence – Dealing with money or property that is reasonably suspected of being proceeds of crime contrary to s 400.9 of the Criminal Code (Cth) – Sentenced to 21 months’ imprisonment with recognizance release order after 9 months – Whether sentencing judge elevated applicant’s culpability in the absence of explanation for offending – Whether sentencing judge erroneously took into account impact of applicant’s offending on his wife – Whether sentence manifestly excessive – Leave to appeal granted – Appeal allowed – Resentenced to 10 months’ imprisonment with recognizance release order after 4 months.
---
| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr T Kassimatis QC | Adrian Dessi Legal |
| For the Respondent | Mr G Barr | Commonwealth Director of Public Prosecutions |
PRIEST JA
BEACH JA:
On 18 June 2020, police executed a search warrant at the applicant’s residential premises. Inside a white Mercedes Benz in the garage, police located $190,000 cash — 19 bundles comprising $50 notes — in a brown paper bag; an additional $4,000 cash in a black pouch; and a digital money counter. Police also located an encrypted mobile phone on a bedside table in the applicant’s bedroom.
When questioned by police, the applicant did not have a credible explanation for his possession of the money and mobile phone, advancing a number of far-fetched explanations. Asked by police to provide them with the PIN for the phone the applicant claimed not to know it. Investigators were, however, able to retrieve geolocation data from it that matched the data extracted from another mobile phone found in the applicant’s possession. Surveillance evidence revealed that the applicant had done two road return trips to Sydney, and the geolocation data from the two telephones matched the surveillance evidence.
A little over a year later, on 26 July 2021, the applicant pleaded guilty in the County Court to one charge of dealing with money or property that is reasonably suspected of being proceeds of crime.[1] Pursuant to s 16BA of the Crimes Act 1914 (Cth), the applicant admitted the following offence, and asked that it be taken into account in sentencing:[2]
On 18 June 2020, fail to comply with order under section 3LA of the Crimes Act 1914 (Cth), contrary to subsection 3LA(6) of the Crimes Act 1914 (Cth).
[1]Criminal Code (Cth), s 400.9(1). The maximum penalty is three years’ imprisonment or 180 penalty units (or both).
[2]An offence under s 3LA(6) is punishable by 10 years’ imprisonment or 600 penalty units (or both). That may be contrasted with the maximum penalty for the offence to which the applicant pleaded guilty. Nothing, however, turns on this. See R v Nguyen (2010)…
Continue reading Jung v The Queen
Sign in free to access the full text
- AGLC
- Jung v The Queen [2022] VSCA 68
- Case
- [2022] VSCA 68
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentencing judge had, in fact, elevated the applicant's culpability without providing a clear explanation. Additionally, the court scrutinised whether the judge had erroneously considered the impact of the applicant's criminal activity on his wife, which could have influenced the sentence. The court found that the sentencing judge had indeed erred in these respects, as there was no adequate explanation for the level of culpability assigned nor was there a proper basis for considering the impact on the wife. The sentence of 21 months was deemed to be manifestly excessive given the circumstances and the errors identified by the court.
In light of these findings, the High Court allowed the appeal and resentenced the applicant to 10 months' imprisonment, with a recognizance release order after serving four months. The court's decision underscored the importance of proper sentencing principles and the necessity for clear justification of sentencing decisions. The final orders of the court mandated the adjustment of the applicant's sentence to reflect the corrected approach to culpability and the exclusion of improper considerations.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.