R v Pan

[2019] NSWDC 407

District Court

New South Wales

Medium Neutral Citation:

R v Pan [2019] NSWDC 407

Hearing dates:

2 August 2019

Date of orders:

02 August 2019

Decision date:

02 August 2019

Jurisdiction:

Criminal

Before:

Weinstein SC DCJ

Decision:

I convict you of possessing counterfeit money on or about 26 October 2016, contrary to section 9(1)(a) of the Crimes (Currency) Act 1981 (Cth).

 

You are ordered to comply with a conditional release order pursuant to section 20 of the Crimes Act 1914 (Cth).

 

The term of the order is two years.

 

You are released on your own recognizance in the amount of $1.

 

The conditions of the order are:

 

(1) You will be of good behaviour; and

 

(2) You must appear before the court if called upon to do so at any time during the term of the order.

 If you fail to comply with these orders, further penalties may apply.

Catchwords:

CRIMINAL – SENTENCING – possess counterfeit money – limited remorse – conviction

Legislation Cited:

Crimes Act 1914 (Cth), Part 1B, ss 16A, 17A, 19B, 20
Crimes (Currency) Act 1981 (Cth), s 9(1)(a)

Cases Cited:

Commissioner of Taxation v Baffsky [2001] NSWCCA 332 at [10]
R v Gittani [2002] NSWCCA 139

Category:

Sentence

Parties:

Regina (Crown)
Mr Glissan QC (Pan)

Representation:

Counsel:
Mr Glissan QC (Pan)

  Solicitors:
Ms Karavias (Crown)
Mr Mann (Pan)

File Number(s):

2016/320282

Judgment

Offences

1. The offender Zhang Pan, born in 1983, comes before the court to be sentenced after pleading guilty to one count of possessing counterfeit money (not excepted counterfeit coin) on about 26 October 2016, contrary to section 9(1)(a) of the Crimes (Currency) Act 1981 (Cth). The maximum penalty for this offence is 600 penalty units or 10 years imprisonment.

2. Before me, I have a bundle tendered by the Crown as Exhibit 1 which contains:

1. The indictment;

2. The Statement of Facts;

3. The criminal record of Mr Pan;

4. A Sentencing Assessment Report (SAR);

5. The Crown submissions; and

6. A schedule of a comparable case

STATEMENT OF FACTS

3. A trial was conducted before me from 7 May 2019 to 24 May 2019 in relation to other matters. The accused was acquitted of those charges. He pleaded guilty to the charge for which he is to be sentenced on the first day of that trial.

Background

4. The statement of statement of facts state that Zhang Pan (the offender) is a Chinese National who arrived in Australia in 2006. The offender entered Australia with a Student Visa. In 2012 he was granted a Temporary Skilled Work visa. In 2013 the offender was granted a Residence Business Skills visa which he still holds.

5. In 2009 the offender registered Winmax Pty Ltd as Director and remained so until the company was deregistered in 2017. In 2016, the offender did not receive any income from Winmax.

6. The offender was registered for income tax in 2006 and has lodged no tax returns since that time.

7. At all relevant times, the offender lived at unit 702, at Rider Boulevard in Rhodes, NSW (the premises). The…