R v Wang & Roizman [2010] NSWDC 170

R v Wang & Roizman [2010] NSWDC 170

Each offender committed a very serious proceeds of crime offence involving a substantial or primary role in dealing with fraudulently transferred CSS funds. They provided the Hong Kong Power account details, dealt directly with approximately AUD $30.58 million, and their gambling caused an unrecovered loss of approximately AUD $3.43 million. Their moral culpability was high, they showed no remorse, gave no assistance, and general and specific deterrence required full-time imprisonment. Wang's relevant criminal history required greater specific deterrence. Roizman's lesser relevant criminal history and health justified a slightly lesser sentence and a favourable variation of the...

Jurisdiction
Australia
Judgment Date
05 August 2010
Procedural Posture
Criminal Sentencing for Dealing With Money the Proceeds of Crime / Sentence After Jury Verdicts of Guilty
Outcome
Both offenders were convicted and sentenced to full-time imprisonment with non-parole periods.
Legal Topics
['property Offences' 'dealing With Money the Proceeds of Crime' 'aiding and Abetting' 'sentencing' 'non Parole Period']
['criminal Law'] ['property Offences' 'dealing With Money the Proceeds of Crime' 'aiding and Abetting' 'sentencing' 'non Parole Period']

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Procedural Posture

Criminal Sentencing for Dealing With Money the Proceeds of Crime / Sentence After Jury Verdicts of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed on Jian Ping Wang for dealing with money to the value of $1,000,000 or more which was the proceeds of crime, being reckless as to that fact.' 'What sentence should be imposed on Alexandr Roizman for aiding and abetting Jian Ping Wang in dealing with money to the value of $1,000,000 or more which was the proceeds of crime, when Wang was reckless as to that fact.' "Whether each offender's role, moral culpability, lack of remorse or assistance, criminal history, and subjective circumstances affected the appropriate sentence." "Whether Roizman's age and health affected the length or structure of the custodial sentence."]

Ratio Decidendi

Each offender committed a very serious proceeds of crime offence involving a substantial or primary role in dealing with fraudulently transferred CSS funds. They provided the Hong Kong Power account details, dealt directly with approximately AUD $30.58 million, and their gambling caused an unrecovered loss of approximately AUD $3.43 million. Their moral culpability was high, they showed no remorse, gave no assistance, and general and specific deterrence required full-time imprisonment. Wang's relevant criminal history required greater specific deterrence. Roizman's lesser relevant criminal history and health justified a slightly lesser sentence and a favourable variation of the...

Court Disposition

Both offenders were convicted and sentenced to full-time imprisonment with non-parole periods.

Orders

  • ['Jian Ping Wang was sentenced to a total term of imprisonment of 10 years commencing on 17 January 2010 and expiring on 16 January 2020, with a non-parole period of 6 years and 6 months commencing on 17 January 2010 and expiring on 16 July 2016.' 'Jian Ping Wang will be first eligible to be released on parole on 16...