R v Kim, Gwan Hong

CITATION:	R v Kim, Gwan Hong [2008] NSWDC 349
HEARING DATE(S):	03/11/2008
JUDGMENT DATE:	7 November 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Nicholson SC DCJ
DECISION:	Convicted. Sentence to 2 ½ years imprisonment to date from the 25th March 2008. Released pursuant to a recognizance release order after 8 months.
CATCHWORDS:	Criminal Law - Sentencing- knowingly give false evidence ot ACC - offender questioned under oath about knowledge and involvement concerning importation of 352kilograms of pseudoephedrine - claimed inability to recall all relevant matters - criteria for assessing objective criminality identified - impact of obstruction to detection and investigation of crime identified - subjective circumstances reasonable - late plea - absence of contrition.
LEGISLATION CITED:	Migration Act Australian Crime Commission Act 2002 Crimes Act 1914
CASES CITED:	R v Aristodemou unreported, NSWCCA 30/6/1994 R v Einfeld [2008] NSWCCA 215 R v Daniel James Rodd (Qld Supreme Court, per Wilson J, 27/6/08) R v Nash (2008) SASR 109 R v Dean Colin Abell [2007] QCA 448 R v Geoffrey John Seaniger (Qld Supreme Court, per Mullins J, 4/5/07) R v Jim Kafritsas (Victorian County Court, per Dyggan J, 13/4/07) R v Michael Joseph Hood (NSW District Court per Ander DCJ, 12/7/07) R v Mario D’ Alessandro (NSW District Court per Ander DCJ, 30/01/07) Cth DPP v Marc Quaid (WA Magistrates Court, per Magistrate Malley, 24/7/06) R v Delmardoros (WA District Court per Groves DCJ, 21/3/06) R v Daniel Luke Pelham (Tas Supreme Court, 27/10/05) R v Kieran Peter Kordic (Qld District Court per Judge Samios, 29/7/05) R v Walter Allan Hughes (Qld District Court per Trafford-Walker J, 22/4/04) R v Irwin [1999] NSWCCA 361 (13/8/99) R v Steven Leslie Franklin-Bull (Qld District Court per Judge O’Brien, 13/8/99) Barnes v Boulton [2004] FCA 1219
PARTIES:	Regina Gwan Hong Kim
FILE NUMBER(S):	2008/00012907
COUNSEL:	Crown: N Adams Defence: N Steel

1. As the conduct of criminals has become more and more sophisticated, secretive, and menacingly effective in avoiding detection, governments, both State and Commonwealth, have established investigative commissions with their wide range of powers including powers to coerce persons to divulge under oath what they know about facts, circumstances and persons that may be linked to criminal activity. The New South Wales Crime Commission, ICAC, the New South Wales Police Integrity Commission and the Australian Crime Commission are all examples of investigative bodies using investigative powers given to them by government.

2. Justice Badgery-Parker, speaking about ICAC, made observations that would apply equally to the Australian Crime Commission and its approach to the investigation of crime.

“The will of the community which led to, and is manifested by, the enactment of the ICAC Act is that corruption should be eradicated from the community and that this means to produce that result should include the coercive and inquisitorial powers conferred on ICAC by statute”; ( R v Aristodemou unreported, NSWCCA 30/6/1994)

3. Gwan Hong Kim, between 5 and 7 March 2008 at Sydney, gave evidence before an examiner at the Australian Crime Commission (ACC) that…