Regina v Qian Lin [2014] NSWCCA 254

Regina v Qian Lin [2014] NSWCCA 254

The sentence imposed for the money laundering offence was manifestly inadequate given the seriousness of the offence, the amount of money involved, repeated acts, planning, and the need for general deterrence. The respondent's subjective circumstances were not exceptional. Accordingly, the Crown appeal was upheld...

Source-derived case information.

Parties
Appellant: Regina (Cth); Respondent: Qian Lin
Jurisdiction
Australia
Judgment Date
10 November 2014
Procedural Posture
Crown Appeal Against Sentence / Judgment on Appeal
Outcome
Crown appeal against sentence upheld; respondent resentenced
Legal Topics
Appeal Against Sentence, Money Laundering, Manifest Inadequacy, General Deterrence
Criminal Law Appeal Against Sentence Money Laundering Manifest Inadequacy General Deterrence

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Parties

Regina (Cth)

Appellant

Qian Lin

Respondent

Procedural Posture

Crown Appeal Against Sentence / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed for money laundering was manifestly inadequate
  2. 2 Whether the court should exercise the residual discretion to refuse to intervene despite inadequacy

Ratio Decidendi

The sentence imposed for the money laundering offence was manifestly inadequate given the seriousness of the offence, the amount of money involved, repeated acts, planning, and the need for general deterrence. The respondent's subjective circumstances were not exceptional. Accordingly, the Crown appeal was upheld and the respondent was resentenced to 1 year and 3 months imprisonment.

Court Disposition

Crown appeal against sentence upheld; respondent resentenced

Orders

  • The Crown appeal against sentence is upheld.
  • The sentence imposed in respect of the charge contrary s. 400.4(1) of the Criminal Code 1995 (Cth) is quashed.