Xue v R [2021] NSWCCA 270

Xue v R [2021] NSWCCA 270

The appeal was dismissed because s 193C(1) did not require the Crown to prove or particularise any predicate serious offence, and the trial judge correctly identified the elements of the offence. The applicant indirectly dealt with the Australian currency through arrangements with Mr Qian in NSW, including the $5 note token system and transfers to the applicant's Chinese bank account, and there was a sufficient geographical nexus. The evidence of large cash sums, clandestine public exchanges, the token system, Supay transfers, disproportion to legitimate income and trading, and the rejection of the applicant's Sino employment and business-expense explanation supported reasonable grounds...

Jurisdiction
Australia
Judgment Date
15 November 2021
Procedural Posture
Application for Leave to Appeal Against Conviction Under S 5 of the Criminal Appeal Act 1912 (nsw) / Appeal to the Court of Criminal Appeal From District Court Judge Alone Convictions; Leave to Appeal Granted and Appeal Determined
Outcome
Leave to appeal against conviction granted; appeal dismissed.
Legal Topics
['dealing With Property Suspected of Being Proceeds of Crime' 'crimes Act 1900 (nsw) S 193 C' 'whether Predicate Serious Offence Must Be Particularised' 'adequacy of Reasons in Judge Alone Trial' 'unreasonable Verdict' 'statutory Defence Under S 193 C(4)' 'geographical Nexus']
['criminal Law' 'criminal Appeals' 'money Laundering'] ['dealing With Property Suspected of Being Proceeds of Crime' 'crimes Act 1900 (nsw) S 193 C' 'whether Predicate Serious Offence Must Be Particularised' 'adequacy of Reasons in Judge Alone Trial' 'unreasonable Verdict' 'statutory Defence Under S 193 C(4)' 'geographical Nexus']

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Procedural Posture

Application for Leave to Appeal Against Conviction Under S 5 of the Criminal Appeal Act 1912 (nsw) / Appeal to the Court of Criminal Appeal From District Court Judge Alone Convictions; Leave to Appeal Granted and Appeal Determined

Legal Issues

  1. 1 ['Whether s 193C(1) of the Crimes Act 1900 (NSW) required the Crown to identify or particularise the serious offence or offences from which the property was suspected to be derived.' 'Whether the applicant dealt with the Australian currency particularised in the indictment, including where dealings were indirect and the applicant was in China.' 'Whether the trial judge gave adequate reasons for finding reasonable grounds to suspect the property was proceeds of crime.' 'Whether the guilty verdicts on counts 2 to 6 were unreasonable or unsupported by the evidence.' 'Whether the trial judge erred in finding that the defence in s 193C(4) was not made out.']

Ratio Decidendi

The appeal was dismissed because s 193C(1) did not require the Crown to prove or particularise any predicate serious offence, and the trial judge correctly identified the elements of the offence. The applicant indirectly dealt with the Australian currency through arrangements with Mr Qian in NSW, including the $5 note token system and transfers to the applicant's Chinese bank account, and there was a sufficient geographical nexus. The evidence of large cash sums, clandestine public exchanges, the token system, Supay transfers, disproportion to legitimate income and trading, and the rejection of the applicant's Sino employment and business-expense explanation supported reasonable grounds...

Court Disposition

Leave to appeal against conviction granted; appeal dismissed.

Orders

  • ['Leave to appeal against conviction is granted.' 'The appeal is dismissed.']