R v Minh Kha Le [2020] NSWDC 89

R v Minh Kha Le [2020] NSWDC 89

The offence of concealing possession of proceeds of crime was objectively towards the lower range of seriousness, taking place over a short period. The offender pleaded guilty at the earliest opportunity and provided substantial assistance to authorities. Given the seriousness and need for deterrence, a conviction and custodial sentence are warranted, but the offender is entitled to a total discount of 40% and is suitable for a Recognisance Release Order with immediate release upon providing security.

Jurisdiction
Australia
Judgment Date
26 March 2020
Procedural Posture
Criminal / Sentencing
Outcome
offender convicted; custodial sentence; Recognisance Release Order granted
Legal Topics
['money Laundering' 'concealing Proceeds of Crime' 'sentencing' 'commonwealth Offences']
['criminal Law'] ['money Laundering' 'concealing Proceeds of Crime' 'sentencing' 'commonwealth Offences']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for concealing possession of proceeds of crime pursuant to s 400.9(1) Criminal Code Act 1995 (Cth)' 'Application and quantum of discounts for early guilty plea and assistance to prosecuting authorities' 'Whether the threshold for full-time imprisonment under s 17A Crimes Act 1914 (Cth) was crossed' 'Application of s 19B Crimes Act 1914 (Cth) for discharge without conviction']

Ratio Decidendi

The offence of concealing possession of proceeds of crime was objectively towards the lower range of seriousness, taking place over a short period. The offender pleaded guilty at the earliest opportunity and provided substantial assistance to authorities. Given the seriousness and need for deterrence, a conviction and custodial sentence are warranted, but the offender is entitled to a total discount of 40% and is suitable for a Recognisance Release Order with immediate release upon providing security.

Court Disposition

offender convicted; custodial sentence; Recognisance Release Order granted

Orders

  • ['Convicted pursuant to s 400.9(1) Criminal Code Act 1995 (Cth) for concealing money reasonably suspected as proceeds of crime where value was $100,000 or more' 'Sentenced to 12 months imprisonment' 'Recognisance Release Order upon security of $1,000 for 12 months; released forthwith']