R v Pan [2019] NSWDC 407

R v Pan [2019] NSWDC 407

Because the offence was at the low end of objective seriousness, the offender had a minimal criminal history and a low risk of reoffending, imprisonment was inappropriate. However, the offender showed little remorse or insight, personal deterrence had some role, and adequate punishment required a conviction. The late guilty plea warranted only a 5% discount. The appropriate disposition was conviction and a conditional release order under section 20 of the Crimes Act 1914 (Cth), rather than a section 19B order without conviction.

Jurisdiction
Australia
Judgment Date
02 August 2019
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
The offender was convicted of possessing counterfeit money on or about 26 October 2016, contrary to section 9(1)(a) of the Crimes (Currency) Act 1981 (Cth), and ordered to comply with a two-year conditional release order under section 20 of the Crimes Act 1914 (Cth).
Legal Topics
['possessing Counterfeit Money' 'conditional Release Order' 'conviction' 'section 19 B No Conviction Order' 'guilty Plea Discount' 'remorse and Insight' 'deterrence']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['possessing Counterfeit Money' 'conditional Release Order' 'conviction' 'section 19 B No Conviction Order' 'guilty Plea Discount' 'remorse and Insight' 'deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for possessing counterfeit money contrary to section 9(1)(a) of the Crimes (Currency) Act 1981 (Cth).' 'Whether the matter should be dealt with under section 19B of the Crimes Act 1914 (Cth) without proceeding to conviction, or whether a conviction should be recorded.' "What weight should be given to the offender's guilty plea, admissions, remorse, risk of reoffending, and the need for deterrence."]

Ratio Decidendi

Because the offence was at the low end of objective seriousness, the offender had a minimal criminal history and a low risk of reoffending, imprisonment was inappropriate. However, the offender showed little remorse or insight, personal deterrence had some role, and adequate punishment required a conviction. The late guilty plea warranted only a 5% discount. The appropriate disposition was conviction and a conditional release order under section 20 of the Crimes Act 1914 (Cth), rather than a section 19B order without conviction.

Court Disposition

The offender was convicted of possessing counterfeit money on or about 26 October 2016, contrary to section 9(1)(a) of the Crimes (Currency) Act 1981 (Cth), and ordered to comply with a two-year conditional release order under section 20 of the Crimes Act 1914 (Cth).

Orders

  • ['I convict you of possessing counterfeit money on or about 26 October 2016, contrary to section 9(1)(a) of the Crimes (Currency) Act 1981 (Cth).' 'You are ordered to comply with a conditional release order pursuant to section 20 of the Crimes Act 1914 (Cth). The term of the order is two years.' 'You are released on...