R v Zhang [2023] NSWDC 427

R v Zhang [2023] NSWDC 427

It is essential for the Crown, when prosecuting via s 400.9(1AB)(b) of the Criminal Code Act 1995 (Cth), to prove beyond reasonable doubt that it is reasonable to suspect that the property or money is the proceeds of an indictable crime, not merely of any crime.

Parties
Crown: Rex; Accused: Liang Zhang
Jurisdiction
Australia
Judgment Date
28 September 2023
Procedural Posture
Criminal / Voir Dire (preliminary Legal Argument on Elements of Offence Before Trial)
Outcome
Crown application rejected; it remains an element under s 400.9(1AB)(b) that the proceeds must be from an indictable offence.
Legal Topics
Money Laundering, Elements of Offence, Statutory Interpretation
Criminal Law Money Laundering Elements of Offence Statutory Interpretation

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Parties

Rex

Crown

Liang Zhang

Accused

Procedural Posture

Criminal / Voir Dire (preliminary Legal Argument on Elements of Offence Before Trial)

Legal Issues

  1. 1 Whether the Crown is required to prove that the money was proceeds of an indictable crime under s 400.9(1AB)(b) of the Criminal Code Act 1995 (Cth)

Ratio Decidendi

It is essential for the Crown, when prosecuting via s 400.9(1AB)(b) of the Criminal Code Act 1995 (Cth), to prove beyond reasonable doubt that it is reasonable to suspect that the property or money is the proceeds of an indictable crime, not merely of any crime.

Court Disposition

Crown application rejected; it remains an element under s 400.9(1AB)(b) that the proceeds must be from an indictable offence.

Orders

  • The Crown must prove as an element for prosecution under s 400.9(1AB)(b) that the property is proceeds of an indictable crime.