R v Lim - [2023] NSWDC 238

District Court

New South Wales

Medium Neutral Citation: R v Lim [2023] NSWDC 238
Hearing dates: 4/4/23, 5/4/23, 17/4/23
Date of orders: 17/4/23
Decision date: 14 April 2023
Jurisdiction: Criminal
Before: Bourke SC DCJ
Decision:
1. For the State offence on the s 166 certificate, being Sequence 6, I convict the offender but impose no other penalty, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999.
2.   For the Commonwealth offences I intend to impose an aggregate sentence. The indicative sentences are as follows.
a.   In relation to Sequence 2, the indicative sentence is 16 months imprisonment.
b.   In relation to Sequence 3, the indicative sentence is 8 months imprisonment.
c.   In relation to Sequence 5, the indicative sentence is 14 months imprisonment.
3.   Each of the indicative sentences has been reduced by the discount of 25%.
4.   I impose an aggregate head sentence of 2 years and 9 months imprisonment.
5.   The sentence is to date from 15 September 2021.
6.   The head sentence is to expire on 14 June 2024.
7.   I order that the offender be released after serving 1 year and 9 months on a self recognizance in the amount of $100 without security. He will therefore be eligible for release after entering into that recognizance on 14 June 2023.

Catchwords:
Crime – Sentence – Commonwealth and State offences – Dealing with proceeds of crime – Using false document

Legislation Cited:
Commonwealth Criminal Code 1995
Crimes Act 1900
Crimes Act 1914
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986

Cases Cited:
Kim and Fang v The Queen [2016] VSCA 238
R v Jiao [2015] NSWCCA 95

Category: Sentence
Parties: Commonwealth DPP – Crown
Wee Siong LIM - Offender
Representation: Mr R Baldeo for Crown
Mr T Spohr for Offender

File Number(s): 21/264171

sentence

The offender Mr Wee Siong Lim is for sentence in relation to a number of offences.
Firstly, three offences under the Commonwealth Criminal Code, those being the sequence 2 offence under s 400.9 (1AB) being an offence of dealing in money that was $1,000,000 or more, where it is reasonable to suspect that the money was the proceeds of crime. The maximum penalty for that offence is four years imprisonment and/or 240 penalty units.
Secondly, the sequence 3 offence which is under s 400.9 (1A) of the Criminal Code, being an offence of dealing in money that was less than $100,000, where it is reasonable to suspect that the money is the proceeds of crime. The maximum penalty for that offence is two years imprisonment and/or 120 penalty units.
Thirdly, the sequence 5 offence of dealing in money that was $100,000 or more, where it is reasonable to suspect that the money was the proceeds of crime, that being an offence under 400.9 (1) of the Criminal Code, which carries a maximum penalty of three years imprisonment and/or 180 penalty units.
Also he is for sentence on an offence under s 254 (b)(1) Crimes Act 1900 (NSW),…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Lim

Details

AGLC: R v Lim [2023] NSWDC 238
Case: [2023] NSWDC 238
Decision Date: 14 April 2023

CaseChat Overview and Summary

In the case of R v Lim, the defendant was brought before the court to face charges related to dealing with the proceeds of crime and using a false document. The defendant was convicted on multiple counts, both under state and federal laws, and the court was tasked with determining an appropriate sentence. The court considered various sequences of offences, each with its own indicative sentence, which were to be aggregated and then reduced by a discount of 25%. The defendant's sentencing hearing took place, and the court deliberated on the appropriate penalties to impose, considering the nature and severity of the offences.

The legal issues before the court included determining the appropriate indicative sentences for each sequence of offences, applying the discount to these indicative sentences, and finally, aggregating the reduced sentences into an overall head sentence. The court also had to consider the commencement date of the sentence, the expiration date, and the conditions for any early release. The court was mindful of the need to balance the need for punishment and deterrence with the principles of justice and proportionality in sentencing.

In delivering its judgment, the court meticulously calculated the indicative sentences for each sequence of offences and then applied the statutory discount of 25% to these sentences. After aggregating the reduced sentences, the court imposed an overall head sentence of 2 years and 9 months imprisonment. The court set the commencement date of the sentence as 15 September 2021, with an expiration date of 14 June 2024. The court also ordered that the defendant would be eligible for release after serving 1 year and 9 months, subject to entering into a recognizance of $100 without security.

The court's final orders included the conviction and imposition of no other penalty for the state offence on the s 166 certificate, being Sequence 6, under s 10A of the Crimes (Sentencing Procedure) Act 1999. For the Commonwealth offences, the court imposed an aggregate sentence, with specific indicative sentences for each sequence reduced by 25%. The court set an aggregate head sentence of 2 years and 9 months imprisonment, effective from 15 September 2021, and expiring on 14 June 2024. The defendant was to be eligible for release after serving 1 year and 9 months, upon entering into a recognizance of $100 without security.

Orders

Orders of the court

1. For the State offence on the s 166 certificate, being Sequence 6, I convict the offender but impose no other penalty, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999.

2. For the Commonwealth offences I intend to impose an aggregate sentence. The indicative sentences are as follows.

a. In relation to Sequence 2, the indicative sentence is 16 months imprisonment.

b. In relation to Sequence 3, the indicative sentence is 8 months imprisonment.

c. In relation to Sequence 5, the indicative sentence is 14 months imprisonment.

3. Each of the indicative sentences has been reduced by the discount of 25%.

4. I impose an aggregate head sentence of 2 years and 9 months imprisonment.

5. The sentence is to date from 15 September 2021.

6. The head sentence is to expire on 14 June 2024.

7. I order that the offender be released after serving 1 year and 9 months on a self recognizance in the amount of $100 without security. He will therefore be eligible for release after entering into that recognizance on 14 June 2023.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Lim [2023] NSWDC 238
Hearing dates:	4/4/23, 5/4/23, 17/4/23
Date of orders:	17/4/23
Decision date:	14 April 2023
Jurisdiction:	Criminal
Before:	Bourke SC DCJ
Decision:	1. For the State offence on the s 166 certificate, being Sequence 6, I convict the offender but impose no other penalty, pursuant to s 10A of the Crimes (Sentencing Procedure) Act 1999. 2. For the Commonwealth offences I intend to impose an aggregate sentence. The indicative sentences are as follows. a. In relation to Sequence 2, the indicative sentence is 16 months imprisonment. b. In relation to Sequence 3, the indicative sentence is 8 months imprisonment. c. In relation to Sequence 5, the indicative sentence is 14 months imprisonment. 3. Each of the indicative sentences has been reduced by the discount of 25%. 4. I impose an aggregate head sentence of 2 years and 9 months imprisonment. 5. The sentence is to date from 15 September 2021. 6. The head sentence is to expire on 14 June 2024. 7. I order that the offender be released after serving 1 year and 9 months on a self recognizance in the amount of $100 without security. He will therefore be eligible for release after entering into that recognizance on 14 June 2023.
Catchwords:	Crime – Sentence – Commonwealth and State offences – Dealing with proceeds of crime – Using false document
Legislation Cited:	Commonwealth Criminal Code 1995 Crimes Act 1900 Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986
Cases Cited:	Kim and Fang v The Queen [2016] VSCA 238 R v Jiao [2015] NSWCCA 95
Category:	Sentence
Parties:	Commonwealth DPP – Crown Wee Siong LIM - Offender
Representation:	Mr R Baldeo for Crown Mr T Spohr for Offender
File Number(s):	21/264171