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Jung v The Queen [2022] VSCA 68

The offender was sentenced following a plea of guilty to 1 count of dealing with money or property reasonably suspected of being proceeds of crime contrary to s 400.9(1) of the Commonwealth Criminal Code. Additional federal offence was taken into account pursuant to s 16BA. Original sentence imposed 21 months imprisonment, to be released after 9 months on recognisance and a good behaviour bond. Offender appealed on grounds that the sentencing judge erred in assessing the objective seriousness of offending, in synthesising the impact offending may have had on the offender’s wife and that the sentence was manifestly excessive.  

Nature and Circumstances: Sentencing judge assessed offending ‘as being in the mid-range’. Sentencing judge used the offender’s failure to provide an explanation for their offending to elevate offending from the lower end of the spectrum of seriousness to the mid-range of seriousness. Sentencing judge was not entitled to drawn an inference as to the seriousness of offending based on the offender’s silence on the issue.  

Leave to appeal granted. Appeal allowed. Offender resentenced to 10 months imprisonment, to be released on a recognizance release order after 4 months.
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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