IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-404-307
[2019] NZHC 2056
THE QUEEN v
QIANNAN TANG
Hearing: 21 August 2019 Appearances:
S T L Teppett for Crown G J Newell for Defendant
Sentence:
21 August 2019
SENTENCING NOTES OF WALKER J
R v TANG [2019] NZHC 2056 [21 August 2019]
Introduction
[1] Ms Qiannan (Christine) Tang, you appear before me today for sentencing. A jury has found you guilty of one charge of money laundering.1 The verdict relates to your receipt of NZD $54,000 from a client while working at a money remitting company. After converting those proceeds to USD, you remitted those proceeds overseas to two payees, Mr Ryszard Wilks and Mr Ralph Wilks. This was carried out at the request of the client, Mr Khan. It transpired that the money you received from Mr Khan was the proceeds of cocaine sales made by parties to a drug operation. The jury found that you were reckless as to whether that money was the proceeds of an offence.
[2] A conviction was not entered on delivery of the jury verdict at the request of your counsel, Mr Newell. You now apply for a discharge without conviction under s 106 of the Sentencing Act 2002 (the Act). A discharge under s 106 is deemed to be an acquittal.2
[3] The principal ground relied on is the consequence to your immigration status. Mr Newell, on your behalf, submits there is a real and appreciable risk that a conviction will result in your deportation. He submits that this is a consequence which is out of all proportion to the gravity of the offending because of the impact on your relationship with your four-year-old son who is a New Zealand born citizen. You share custody of your son with your estranged husband who has permanent residency status.
[4] The Crown today advises the Court that its position is one of neutrality on the application.
Summary of result
[5] I begin with a summary of the result I have reached. For the reasons I will shortly set out, overall, I am satisfied that the adverse consequences of a conviction for you are out of all proportion to the gravity of your offending. The disproportion is
1 Crimes Act 1961, s 243. The maximum penalty is seven years’ imprisonment.
2 Sentencing Act 2002, s 106(2).
significant in that the impact would be devastating, in my view, to you and your son; and attributable to conviction, rather than just to the offending.
[6] Having satisfied myself that I have jurisdiction to exercise my discretion to discharge without conviction, I determine that there are no factors which would persuade me not to exercise my discretion.
[7] Ms Tang, the result is now I discharge you without conviction under s 106 of the Sentencing Act. You may be seated while I deliver my full reasons for this outcome.
Factual background
[8] In November 2016, the National Organised Crime…
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- [2019] NZHC 2056
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CaseChat Overview and Summary
The court considered the gravity of the offence, the direct and indirect consequences of a conviction, and whether those consequences were out of all proportion to the gravity of the offence. The court found Tang's offending to be at the moderate end of the scale of seriousness, given her lack of significant financial benefit and her acceptance of responsibility. The court determined that the direct and indirect consequences of a conviction, particularly the risk of deportation and separation from her son, were out of all proportion to the gravity of the offending. The court exercised its discretion to discharge Tang without conviction under section 106 of the Sentencing Act. Tang was discharged without conviction, and the court made observations on the importance of learning from this experience and exercising better judgment in the future.
Orders
Orders of the court
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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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