The offender was sentenced following a plea of guilty to 1 count of dealing with property being $100,000 or more reasonably suspected of being proceeds of crime contrary to s 400.9(2)(c) of the Crimes Act 1914 (Cth). Additional offences taken into account under s 16BA.
Nature and Circumstances: Although this offence relates to sums of money between $100,000 and $1 million, it is important to avoid any crude percentage measure and to say, for example, that this is only 20% gravity of the range of such offending. The amount of money, $190,000, required serious criminal activity to generate. Amount of money and possession of an encrypted phone demonstrate the offender was placed at a level of trust and involvement higher than the lowest level of operative. Offender’s failure to advance a truthful explanation of their offending means there is nothing mitigatory in the circumstances. Offending is at the mid-range of objective seriousness.
Rehabilitation: Offender’s good character, both in South Korea and here, are taken into account and point to their very good prospects of rehabilitation. The stain of a criminal conviction, loss of reputation and shame of facing court in this way will act as a powerful deterrent to offending again.
Offender sentenced to 21 months imprisonment, to be released after 9 months on recognisance with a good behaviour bond of 21 months.
Nature and Circumstances: Although this offence relates to sums of money between $100,000 and $1 million, it is important to avoid any crude percentage measure and to say, for example, that this is only 20% gravity of the range of such offending. The amount of money, $190,000, required serious criminal activity to generate. Amount of money and possession of an encrypted phone demonstrate the offender was placed at a level of trust and involvement higher than the lowest level of operative. Offender’s failure to advance a truthful explanation of their offending means there is nothing mitigatory in the circumstances. Offending is at the mid-range of objective seriousness.
Rehabilitation: Offender’s good character, both in South Korea and here, are taken into account and point to their very good prospects of rehabilitation. The stain of a criminal conviction, loss of reputation and shame of facing court in this way will act as a powerful deterrent to offending again.
Offender sentenced to 21 months imprisonment, to be released after 9 months on recognisance with a good behaviour bond of 21 months.
