R v Van Dang Tran

[2007] NSWDC 310

CITATION:	R v Van Dang TRAN [2007] NSWDC 310
HEARING DATE(S):	07/06/07, 13/07/07, 09/08/07, 17/08/07
JUDGMENT DATE:	17 August 2007
EX TEMPORE JUDGMENT DATE:	13 April 2008
JURISDICTION:	Criminal
JUDGMENT OF:	Norrish QC DCJ
DECISION:	Convicted. Sentenced to a term of imprisonment of 4 years and 6 months. That term to date from 4 June 2006 and expire on 3 December 2010. Non parole for a period of 2 years and 6 months to commence on 4 June 2006 and expire on 3 December 2008.
CATCHWORDS:	CRIMINAL LAW - Sentence - Proceeds of crime - Currency transfer - Money as instrument of crime - Discount for cooperation
LEGISLATION CITED:	Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 Financial Transactions Reports Act 1988 Australian Crime Commission Act 2002
CASES CITED:	Wong v The Queen (2001) 76 ALJR 79 R v Sukkar [2006] NSWCCA 92 R v Bugeja [2001] NSWCCA 196 R v Z [2006] NSWCCA 342 Ansari & Ansari v R [2007] NSWCCA 204 Savvas v The Queen (1995) 183 CLR 1 Pearce v The Queen (1998) 194 CLR 610 R v Olbrich (1999) 199 CLR 270 Ibbs v The Queen (1987) 163 COR 451 Veen (No 2) v The Queen (1988) 164 CLR 465 The Queen v Way (2004) 60 NSWLR 168 Markarian v The Queen [2005] HCA 25 R v El Hani [2004] NSWCCA 162 R v MF [2003] NSWCCA 195 R v X [2004] NSWCCA 93 R v A [2004] NSWCCA 292 R v Chu (NSWCCA unreported 16/10/98) R v Paull (1990) 20 NSWLR 427 R v El Karhani (1990) 21 NSWLR 30
PARTIES:	Regina v Van Dang Tran
FILE NUMBER(S):	06/11/0709
COUNSEL:	Mr Neil QC - Commonwealth Crown Mr Grant - Offender

SENTENCE

1 HIS HONOUR: Van Dang Tran appears today for sentence in relation to a charge alleging that he, between 2 July 2005 and 4 June 2006, at Sydney, dealt with money where there was a risk that the money would become an instrument of crime, and was reckless as to the fact that there was a risk it would become an instrument of crime, and at the time of dealing with the value of the money it was $1 million or more. This offence is brought pursuant to s 400.3 (2) Criminal Code Act 1995, and carries a maximum penalty of 12 years imprisonment and/or a fine of $79,200.

2 The prisoner pleaded guilty at the Local Court, albeit after some negotiations as to the correct form of charge. It is conceded by the Crown, however, that the plea was entered at the first reasonable opportunity open to him. Thus the prisoner will receive a discount of 25 percent upon the otherwise appropriate sentence for the utilitarian benefit for the plea of guilty. It being conceded, as I understand it in the Crown’s submissions in this matter, as in a number of other Commonwealth matters, that notwithstanding the High Court decision of Wong v The Queen, it is appropriate…