Lai was sentenced following a plea of guilty to 1 count of dealing with money reasonably suspected of being the proceeds of crime contrary to s 400.9(1) of the Commonwealth Criminal Code. Ha was sentenced following a plea of guilty to 1 count of aiding and abetting Lai in dealing with the same money reasonably suspected to be the proceeds of crime contrary to ss 11.2(1) and 400.9(1) of the Commonwealth Criminal Code.
Nature and Circumstances: $1,083,277.65 in cash was found during the execution of a search warrant at offenders’ address. This was a very large amount of cash found in multiple locations, including in a handbag, purses, a wallet, a toiletries bag, in offenders’ car and many other locations. Having regard to the circumstances in which this money was found and the quantum located, it is a serious example of an offence under s 400.9(1) of the Commonwealth Criminal Code. Given offenders’ criminal histories and the circumstances of the offence, their moral culpability for the offending is significant. Lai was the custodian of the money and Ha assisted and encouraged the offending in that they knew of the presence of the money and allowed Lai to continue the offending. Ha’s culpability is lower than Lai’s.
Antecedents: Lai has 1 relevant prior conviction. They were sentenced to 1 year and 7 months imprisonment, 16 months of which was suspended, for 3 charges of recklessly dealing in the proceeds of crime. Ha clearly has a relevant criminal record. They have a history of being involved in the distribution of drugs at a high level and also have relevant prior convictions for dealing with the proceeds of crime. Ha’s prior convictions are considerably more serious than Lai’s but they have both served periods of imprisonment for similar offending in the past.
Family and Dependants: Lai and Ha have a daughter together who is 13 years old. Their incarceration will obviously be very disruptive to her life. She is a young teenager in her formative years and seeing both her parents sent to prison will be a disturbing and confusing experience for her. Additionally, Lai’s mother suffers from ill health and requires care which offenders currently provide and their absence will deprive her of that assistance and will throw the burden onto other members of the family. Offender’s imprisonment will weigh more heavily on them because of the impact it will have on their daughter and Lai’s mother.
Rehabilitation: Lai has a relevant prior conviction for which they received a prison sentence and they were the principal offender in this serious offending. On the other hand, Lai has family support and responsibilities and they only have one previous appearance. Lai’s prospects for rehabilitation are reasonable. Ha has two previous substantial prison sentences for serious crimes and therefore has guarded prospects of rehabilitation.
Lai sentenced to 20 months of imprisonment to be released after 12 months on recognisance of $2,000 to be of good behaviour for 24 months. Ha sentenced to 16 months of imprisonment to be released after 10 months on recognisance of $2,000 to be of good behaviour for 24 months.
Nature and Circumstances: $1,083,277.65 in cash was found during the execution of a search warrant at offenders’ address. This was a very large amount of cash found in multiple locations, including in a handbag, purses, a wallet, a toiletries bag, in offenders’ car and many other locations. Having regard to the circumstances in which this money was found and the quantum located, it is a serious example of an offence under s 400.9(1) of the Commonwealth Criminal Code. Given offenders’ criminal histories and the circumstances of the offence, their moral culpability for the offending is significant. Lai was the custodian of the money and Ha assisted and encouraged the offending in that they knew of the presence of the money and allowed Lai to continue the offending. Ha’s culpability is lower than Lai’s.
Antecedents: Lai has 1 relevant prior conviction. They were sentenced to 1 year and 7 months imprisonment, 16 months of which was suspended, for 3 charges of recklessly dealing in the proceeds of crime. Ha clearly has a relevant criminal record. They have a history of being involved in the distribution of drugs at a high level and also have relevant prior convictions for dealing with the proceeds of crime. Ha’s prior convictions are considerably more serious than Lai’s but they have both served periods of imprisonment for similar offending in the past.
Family and Dependants: Lai and Ha have a daughter together who is 13 years old. Their incarceration will obviously be very disruptive to her life. She is a young teenager in her formative years and seeing both her parents sent to prison will be a disturbing and confusing experience for her. Additionally, Lai’s mother suffers from ill health and requires care which offenders currently provide and their absence will deprive her of that assistance and will throw the burden onto other members of the family. Offender’s imprisonment will weigh more heavily on them because of the impact it will have on their daughter and Lai’s mother.
Rehabilitation: Lai has a relevant prior conviction for which they received a prison sentence and they were the principal offender in this serious offending. On the other hand, Lai has family support and responsibilities and they only have one previous appearance. Lai’s prospects for rehabilitation are reasonable. Ha has two previous substantial prison sentences for serious crimes and therefore has guarded prospects of rehabilitation.
Lai sentenced to 20 months of imprisonment to be released after 12 months on recognisance of $2,000 to be of good behaviour for 24 months. Ha sentenced to 16 months of imprisonment to be released after 10 months on recognisance of $2,000 to be of good behaviour for 24 months.
