R v Tang

Ms Qiannan Tang was sentenced in the High Court of New Zealand following her conviction for money laundering, a charge relating to her receipt of NZD $54,000 from a client while employed at a money remitting company. Tang converted the proceeds to USD and remitted them overseas at the request of her client, Mr Khan, who was involved in a drug operation. Tang was found to be reckless as to whether the money was the proceeds of a crime. Tang applied for a discharge without conviction under section 106 of the Sentencing Act 2002, citing the potential adverse consequences of a conviction on her immigration status and her relationship with her four-year-old son, who is a New Zealand citizen. The Crown was neutral on the application.

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.