Nguyen v R [2012] NSWCCA 152

Nguyen v R [2012] NSWCCA 152

Given the very large amounts of money ($9.9 million over 23 days), serial nature of the offending, applicant's essential role, deliberate concealment and motivation for financial gain, and despite strong subjective circumstances, the sentence imposed was within proper discretionary limits and was not manifestly excessive.

Parties
Applicant: Thi Thom Dao Nguyen; Respondent: Commonwealth (Crown)
Jurisdiction
Australia
Judgment Date
18 July 2012
Procedural Posture
Criminal Sentence Appeal / Decision on Leave to Appeal and Sentence Appeal
Outcome
Leave to appeal is granted. The appeal is dismissed.
Legal Topics
Sentence Appeal, Money Laundering, Recklessness, Objective Seriousness, General Deterrence
Criminal Law Sentence Appeal Money Laundering Recklessness Objective Seriousness General Deterrence

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Parties

Thi Thom Dao Nguyen

Applicant

Commonwealth (Crown)

Respondent

Procedural Posture

Criminal Sentence Appeal / Decision on Leave to Appeal and Sentence Appeal

Legal Issues

  1. 1 Whether the sentence was manifestly excessive for an offence under s 400.3(2) Criminal Code Act 1995 (Cth) involving dealing with $1 million or more, being reckless as to the risk that the money will become an instrument of crime
  2. 2 Assessment of objective seriousness and extent to which suspicion as to source of funds and covert features of the offence are relevant
  3. 3 Whether proper regard was had to the applicant's subjective circumstances

Ratio Decidendi

Given the very large amounts of money ($9.9 million over 23 days), serial nature of the offending, applicant's essential role, deliberate concealment and motivation for financial gain, and despite strong subjective circumstances, the sentence imposed was within proper discretionary limits and was not manifestly excessive.

Court Disposition

Leave to appeal is granted. The appeal is dismissed.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.