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Fung v The Queen [2018] NSWCCA 216

appeal against sentence — dealing with money in excess of $1,000,000 with intention it would become instrument of crime offence contrary to s 400.3(1) of Commonwealth Criminal Code — two other related offences taken into account pursuant to s 16BA — original sentence imposed 6 years’ and 4 months imprisonment with 4 year 6 month non-parole period — guilty plea — s 16A(2)(g) — sentencing judge erred by failing to taking into account utilitarian value of guilty plea — resentencing — as specific error identified, Court’s duty to re-sentence “…unless in the separate and independent exercise of its discretion it concludes that no different sentence should be passed” (Kentwell v R) — other than maximum penalty, important considerations include offender’s belief that money or property was the proceeds of crime; precisely what offender did; the period of time over which transactions constituting offence were carried out; amount involved and offender’s role; whether money or property was beneficially the offender’s and if not, the value of any intended reward — objective seriousness — offence contrary to s 400.3(1) is serious and general deterrence is of particular importance — offender engaged in a deliberate planned course of conduct over period of more than a month with full awareness that conduct was criminal and having at least strong suspicion that money may have been derived from particularly nefarious criminal conduct — occupied highly valued role in well organised and sophisticated international money laundering syndicate — offender’s participation integral to success of syndicate’s money laundering — antecedents — s 16A(2)(m) — offender’s prior criminal history does not entitle him to leniency, but not regarded aggravating factor — considering all relevant factors no different sentence than sentence imposed should have been passed — leave to appeal granted — appeal dismissed
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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