R v Zhang (No 2) [2023] NSWDC 570

R v Zhang (No 2) [2023] NSWDC 570

Because the offender repeatedly dealt with extraordinary quantities of physical cash totalling $3,677,275, more than 3.6 times the $1,000,000 threshold, over 28 dealings across about three months, the offence was significantly serious and required denunciation and substantial general deterrence. Although his moral culpability was comparatively low because the verdict was consistent with deemed reasonable suspicion under s 400.9(2)(c), not actual suspicion or proved involvement in an underlying criminal enterprise, no non-custodial sentence or Intensive Correction Order was appropriate. A sentence of 1 year and 6 months imprisonment with release after 6 months on recognizance was...

Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Criminal Sentence for Money Laundering Offence Against S 400.9(1 Ab) of the Criminal Code Act 1995 (cth) / Sentence After Unanimous Jury Verdict of Guilty
Outcome
Offender convicted and sentenced to imprisonment with recognizance release after 6 months.
Legal Topics
['dealing With Money Reasonably Suspected of Being Proceeds of Indictable Crime' 'commonwealth Sentencing' 'general Deterrence' 'objective Seriousness' 'recognizance Release Order' 'intensive Correction Order']
['criminal Law' 'sentencing' 'money Laundering'] ['dealing With Money Reasonably Suspected of Being Proceeds of Indictable Crime' 'commonwealth Sentencing' 'general Deterrence' 'objective Seriousness' 'recognizance Release Order' 'intensive Correction Order']

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Procedural Posture

Criminal Sentence for Money Laundering Offence Against S 400.9(1 Ab) of the Criminal Code Act 1995 (cth) / Sentence After Unanimous Jury Verdict of Guilty

Legal Issues

  1. 1 ["What sentence was appropriate for the offender's conviction for dealing with $3,677,275 in cash where it was reasonable to suspect the money was proceeds of indictable crime." 'Whether the threshold in s 17A of the Crimes Act 1914 (Cth) was crossed so that no sentence other than imprisonment was appropriate.' 'Whether the offender should be discharged without conviction under s 19B of the Crimes Act 1914 (Cth), sentenced by Intensive Correction Order, or sentenced to full-time imprisonment with recognizance release.' "How the offence should be assessed within the hierarchy of money laundering offences in Division 400 of the Criminal Code Act 1995 (Cth), including the significance of the amount dealt with and the offender's state of mind."]

Ratio Decidendi

Because the offender repeatedly dealt with extraordinary quantities of physical cash totalling $3,677,275, more than 3.6 times the $1,000,000 threshold, over 28 dealings across about three months, the offence was significantly serious and required denunciation and substantial general deterrence. Although his moral culpability was comparatively low because the verdict was consistent with deemed reasonable suspicion under s 400.9(2)(c), not actual suspicion or proved involvement in an underlying criminal enterprise, no non-custodial sentence or Intensive Correction Order was appropriate. A sentence of 1 year and 6 months imprisonment with release after 6 months on recognizance was...

Court Disposition

Offender convicted and sentenced to imprisonment with recognizance release after 6 months.

Orders

  • ['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...