R v Zhang (No 2)

Case [2023] NSWDC 570


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: R v Zhang (No 2) [2023] NSWDC 570
Hearing dates: 7 December 2023
Date of orders: 14 December 2023
Decision date: 14 December 2023
Jurisdiction:Criminal
Before: Montgomery DCJ
Decision:

(1) You are convicted of the offence against s 400.9(1AB) of the Criminal Code Act 1995 (Cth), that between 17 January 2022 and 28 April 2022 you did deal with money, it being reasonable to suspect such money was proceeds of indictable crime, and at the time of the dealing, the value of the money was $1,000,000 or more.

(2)   You are sentenced to 1 year and 6 months imprisonment, commencing 13 December 2023.

(3)   You are to be released on 12 June 2024 upon you entering into a recognizance, without security, to be of good behaviour for a period expiring on 12 June 2025.

Catchwords:

CRIME – Sentence – Money laundering – Taken to be reasonable to suspect money or other property is proceeds of indictable crime – ss 400.9(1AB), 400.9(2)(c), 400.9(4), 400.9(5) Criminal Code Act 1995 (Cth) – Place the offence among the statutory scheme of offences – Amount dealt a primary consideration – Consistency of sentencing – Importance of general deterrence

Legislation Cited:

Crimes Act 1900 (NSW), s 254

Crimes Act 1914 (Cth), ss 16A, 17A, 19B, 19AC, 20, 20AB

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 7, 66(2), 66(3), 69(3)

Criminal Code Act 1995 (Cth), ss 400.2AA, 400.3(1), 400.3(1A), 400.3(1B), 400.3(2A), 400.3(2B), 400.3(3), 400.4(1), 400.4(1B), 400.4(2), 400.4(3), 400.5(1), 400.5(2), 400.5(3), 400.8(1), 400.8(2), 400.8(3), 400.9(1AA), 400.9(1AB), 400.9(1), 400.9(1A), 400.9(2), 400.9(4), 400.9(5). 400.10, 400.11, 400.12, 400.13

Evidence Act 1995 (NSW), s 191

Cases Cited:

Akoum v The King [2023] WASCA 102

Hili v TheQueen (2010) 242 CLR 520; [2010] HCA 45

Lai Yean Wong v R [2013] VSCA 52

Milne v R (2012) 259 FLR 42; [2012] NSWCCA 24

Nguyen v R [2019] NSWCCA 44

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

R v De Simoni (1981) 147 CLR 383; [1981] HCA 31

R v Hoang [2022] NSWDC 193

R v Lim [2023] NSWDC 238

R v Milne (No 1) (2010) 260 FLR 166; [2010] NSWSC 932

R v Minh Kha Le [2020] NSWDC 89

R v Nguyen [2020] NSWDC 367

R v Olbrich (1999) 199 CLR 270; [1999] HCA 54

R v Whittall [2019] NSWDC 606

R v Yi-Hua Jiao [2015] NSWCCA 95

Category:Sentence
Parties: Rex (Crown)
Liang Zhang (Offender)
Representation:

Counsel:
Ms Satkunarajah (Crown)
Mr Thomas (Offender)

Solicitors:
Commonwealth Director of Public Prosecutions (Crown)
International Lawyers Co-operative (Offender)
File Number(s): 2022/00122559

Judgment

INTRODUCTION

  1. The Offender was found guilty by unanimous jury verdict of a single money laundering offence against s 400.9(1AB) of the Criminal Code Act 1995 (Cth) (“the Code”).

  2. The maximum penalty is 4 years imprisonment and/or 240 penalty units ($53,280).

  3. The offence is described in the indictment in the following terms:

“Between 17 January 2022 and 28 April 2022 in Sydney and elsewhere…

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AGLC
R v Zhang (No 2) [2023] NSWDC 570
Case
[2023] NSWDC 570
Decision Date

CaseChat Overview and Summary

In the case of R v Zhang, the defendant was convicted and sentenced for an offence related to money laundering, specifically dealing with money suspected to be the proceeds of an indictable crime, in contravention of sections 400.9(1AB), 400.9(2)(c), 400.9(4), and 400.9(5) of the Criminal Code Act 1995 (Cth). The dispute arose from Zhang’s dealings with money amounting to $1,000,000 or more, which occurred between 17 January 2022 and 28 April 2022. The matter was heard and determined by the relevant court, which examined the nature and seriousness of the offence within the statutory framework governing such crimes.

The court was tasked with determining the appropriate sentence, considering the statutory scheme of offences and the amount of money involved. It was crucial to place the offence within the hierarchy of criminal activities and to assess the significance of the money amount as a primary factor in sentencing. The court also needed to ensure consistency with previous sentencing decisions to maintain the integrity of the legal system and to consider the importance of general deterrence in such cases. The court’s role was to balance these considerations to arrive at a sentence that reflects the gravity of the offence while adhering to legal principles and precedents.

In reaching its decision, the court thoroughly analysed the statutory provisions and the specific circumstances of Zhang's dealings. It found that the offence was serious and warranted a custodial sentence. The amount of money involved, $1,000,000 or more, was a significant factor in determining the severity of the punishment. The court also considered the need for general deterrence and consistency with previous sentences in similar cases. After careful deliberation, the court sentenced Zhang to 1 year and 6 months imprisonment, with a release date of 12 June 2024 upon entering into a recognizance to be of good behaviour until 12 June 2025.

Orders

Orders of the court

(1) You are convicted of the offence against s 400.9(1AB) of the Criminal Code Act 1995 (Cth), that between 17 January 2022 and 28 April 2022 you did deal with money, it being reasonable to suspect such money was proceeds of indictable crime, and at the time of the dealing, the value of the money was $1,000,000 or more.

(2) You are sentenced to 1 year and 6 months imprisonment, commencing 13 December 2023.

(3) You are to be released on 12 June 2024 upon you entering into a recognizance, without security, to be of good behaviour for a period expiring on 12 June 2025.

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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