Cheng v R [2017] NSWCCA 63
The charge was properly particularised with possession of money temporally separated from its intended use in commission of s 140 offences; both temporal separation and instrumental connection requirements were satisfied, supporting the conviction.
- Jurisdiction
- Australia
- Judgment Date
- 05 April 2017
- Procedural Posture
- Criminal Appeal / Court of Criminal Appeal, Post Conviction, Appeal From District Court of NSW
- Outcome
- appeal dismissed
- Legal Topics
- ['money Laundering' 'anti Money Laundering Legislation' 'offences Involving Intention' 'instruments of Crime']
Case Brief
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Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Post Conviction, Appeal From District Court of NSW
Legal Issues
- 1 ['Whether temporal separation is required between possession and intended use of money as an instrument of crime' 'Whether there was an instrumental connection between the money and the commission of an offence under s 140 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)']
Ratio Decidendi
The charge was properly particularised with possession of money temporally separated from its intended use in commission of s 140 offences; both temporal separation and instrumental connection requirements were satisfied, supporting the conviction.
Court Disposition
appeal dismissed
Orders
- ['Appeal against conviction dismissed']
Full Case Text
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