R v Thota

[2024] NSWDC 48

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Thota [2024] NSWDC 48

Hearing dates:

9 February 2024

Date of orders:

1 March 2024

Decision date:

01 March 2024

Jurisdiction:

Criminal

Before:

Mahony SC DCJ

Decision:

Custodial sentence with recognizance. Release order to take effect immediately. For orders see [92].

Catchwords:

CRIME – deal with money proceeds of indictable crime – give false and misleading information to a reporting entity.

Legislation Cited:

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Crimes Act 1914

Crimes (Sentencing Procedure) Act 1999

Criminal Code Act 1995

Cases Cited:

Cahyadi v R (2007)168 A Crim R 41; [2007] NSWCCA 1

Green v The Queen (2011) 244 CLR 462

Kim v The Queen 2016 [VSCA] 238

R v Ansari (2007) 70 NSWLR 89; [2007] NSWCCA 204

R v Huang; R v Siu (2007) 174 A Crim R 370

Category:

Sentence

Parties:

Commonwealth Director of Public Prosecutions (the Crown)
Druga Hemanth Thota (the offender)

Representation:

Counsel:
Ms C Akthar (the Crown)

Solicitor:
Mr Lewis (the offender)

File Number(s):

2022/93762

remarks on sentence

1. Druga Hemanth Thota is to be sentenced in respect of the following three offences to which he has pleaded guilty:-

Sequence 4 – Between about 16 March 2022 and about 18 March 2022 at Sydney in the State of New South Wales, he dealt with money or other property, it being reasonable to suspect that such money or other property was proceeds of an indictable crime and at the time of the dealing the value of the money or other property was less than $100,000.

This is an offence pursuant to s 400.9 (1A) of the Criminal Code Act (Cth) (“the Code”). The maximum penalty for the offence is imprisonment for 2 years, or 120 penalty units, or both.

Sequence 38 – On or about 9 October 2021 at Sydney in the State of New South Wales, he dealt with money or other property that was proceeds of indictable crime and he was reckless as to the fact that the money or other property was proceeds of indictable crime and at the time of the dealing the value of the money or other property was $1,000 or more.

This is an offence pursuant to s 400.7(2) of the Code. The maximum penalty for the offence is imprisonment for 2 years, or 120 penalty units, or both.

Sequence 40 – Between about 22 February 2022 and about 26 March 2022 at Sydney in the State of New South Wales, he gave information to a reporting entity knowing that the information was false or misleading, and that information was given or purportedly given under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or a provision of the Anti-Money Laundering and Counter-Terrorism Financial Rules.

This is an offence pursuant s 136(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). The maximum penalty for this offence is imprisonment for 10 years, or 10,000 penalty units, or both.

2. There are two matters…