The Queen v Chi

[2016] VCC 1184

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

CR-15-01970

THE QUEEN

v

CHIN-JEN CHI

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JUDGE:	HIS HONOUR JUDGE DEAN
WHERE HELD:	Melbourne
DATE OF HEARING:	12 August 2016
DATE OF SENTENCE:	16 August 2016
CASE MAY BE CITED AS:	The Queen v Chi
MEDIUM NEUTRAL CITATION:	[2016] VCC 1184

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Commonwealth Director of Public Prosecutions	Ms N. T. Sheridan-Smith	Commonwealth Director of Public Prosecutions
For the Accused	Mr I. Hill QC	Gadens Lawyers

Pages 1 - 5

 

 

HIS HONOUR: 

1Chin-Jen Chi, you have pleaded guilty to one charge of dishonestly obtaining a financial advantage by deception from a Commonwealth entity, contrary to s.134.2(1) of the Criminal Code.  The maximum penalty for that offence is ten years' imprisonment or in this case, a fine of $66,000 or both. 

2Pursuant to s.16BA of the Crimes Act 1914, you have also admitted guilt in respect of four further offences contrary to s.134.2(1) of the Criminal Code. Section 16BA of the Act confers on the court the power to take these offences into account in determining the appropriate proportionate penalty for the charge to which you have pleaded guilty. This course is accepted on your behalf by your counsel.

3You pleaded guilty following the matter being listed for trial in this court.  And whilst your plea is not at an early stage in the proceedings, it has spared the community the cost of a complex criminal trial.  It is also evidence of remorse for your offending. 

4I have taken your plea into account in your favour in mitigation of sentence. 

5You have no prior convictions, subsequent convictions or outstanding charges. 

6A prosecution opening was read to the court and tendered in evidence detailing the circumstances of your offending which may be summarised as follows -

7At all relevant times, you owned and operated GMax International Pty Ltd.  That business imported aluminium road wheels manufactured in China. 

8In July 2012, anti-dumping duties were introduced in Australia to protect local manufacturers of road wheels from cheap Chinese imports.  This had the effect of increasing the duty payable on the goods that you imported by approximately 83 per cent.  This in turn resulted in your business becoming unprofitable. 

9In response, you falsely declared to Australia Customs that the goods were imported from Malaysia.  In order to support your false claim, the goods were trans-shipped via Malaysia and false documentation was prepared to be supplied to customs. 

10The total customs duty avoided was $128,578.72 in respect of the five importations.  By reason of a retrospective amendment to the applicable duty, this figure is $101,416.65 for the purposes of a reparation order that you have agreed to pay personally. 

11Offending against the Commonwealth revenue is serious in nature although it was conceded by the prosecution that the principal purpose of the anti-dumping import duties was to protect Australian industry. 

12Nevertheless, the penalty that I impose must be calculated to deter you and others from offending in this way.  I do accept however, that in all probability that you will not reoffend.

13You were born on 20 May 1974 in Taiwan and are now aged 42.  You are married and have two children.  You are a dual Australian-Taiwanese citizen.  Your family migrated to Australia in 1991 and you joined them in 2000.  You are academically gifted and completed a Masters of Engineering Science degree in Taiwan in 1998. 

14You built up your business from scratch in Australia and are currently continuing to work in it yourself, although it remains unprofitable.  As I have said, you are now remorseful for your dishonest offending.  Although, when interviewed by investigators, you were not truthful in your answers to them. 

15It is accepted by the prosecution that it is appropriate for me to impose a fine in your case and I have had regard to your financial position as outlined by your counsel in fixing the amount of that fine. 

16In respect of the charge of dishonestly obtaining a financial advantage by deception from a Commonwealth entity, you are convicted and fined the sum of $22,000. 

17I order a stay of three months in relation to the payment of the fine. 

18But for your plea of guilty, I would have imposed a total fine of $30,000. 

19I order that you pay reparation to the Commonwealth in the sum of $101,416.65. 

20Are there any further orders required?

21MS SHERIDAN-SMITH:  No further orders required, Your Honour.  But I understand on County Court practice note there is a beneficiary details form we need to officially file which provides the reparation order payment details and I have got three copies of that.

22HIS HONOUR:  Yes.  Thank you. 

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