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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon

 

Dealing with Property or Money worth $100,000 or more - (Cth) Criminal Code - s.400.4

Criminal Code (Cth)

400.4(1) Dealing with property or money worth $100,000 or more knowing it is a proceed of crime or intending it to became an instrument of crime – 20 years

400.4(2) Dealing with property or money worth $100,000 or more reckless to the fact that it is a proceed of crime or to the risk that it will become an instrument of crime – 10 years

400.4(3) Dealing with property or money worth $100,000 or more negligent to the fact that it is a proceed of crime or to the risk that it will become an instrument of crime – 4 years 

Name
(age if known)

OffencePleaSentenceAppealRecordFacts

Siu

(64)

(2007) 174 A Crim R 370

NSWCCA

s.400.4(1)

PG

(35% combined)

2y 11m

NPP 12m

Crown AA

5y

NPP 2y 6m

 

With co-offender engaged to send money to China for purpose of avoiding tax in Australia - conducted 59 transactions sending $556,400 overseas – paid approximately $3000 – trusted couriers

Co-offender Huang dealt with under s.400.3 - (2007) 174 A Crim R 370

Foster

(44-45)

[2008] QCA 90

s.400.4(1)PG
(35%)

4y 6m

NPP 2y 3m

 

($214,138.47 reparation order)

ADrelevant and significant record

Negotiated loan for land development in Fiji from bank – received $306,722.58 over three months in 9 transactions –used deceit and forged documents to assure bank money being used for development – money used for personal expenses – $92,634.11 returned – high level of sophistication, planning and organisation

Protective custody

Du Randt

(33)

[2008] NSWCCA 121

s.400.4(2)PG

3y 9m

NPP 2y

AA

2y 6m

NPP 1y 6m

nil

Female - transported cash on three occasions from Qld to NSW for people involved in importing amphetamines - $100,000, $100,000 and $50,000

Poor mental health at time of offending

Maldonado

[2009] NSWCCA 189

s.400.4(1)

 

 

s.400.4(1)

 

 

Aid and abet manufacture comm qty cocaine

 

Traffick comm qty cocaine

 

Sched:

Possess 21.6g cocaine

Deal in $50,000

PG

(25%)

10y

 

 

8y

 

 

22y

 

 

 

15y

 

Total:

36y

NPP 22y

AA

10y

 

8y

 

 

22y

 

 

 

15y

 

Total:

28y

NPP 17y

Drug importationInvolved in extracting 34kg cocaine from imported powder – organised rent of premises – transported chemicals – trusted deputy – trafficked 6kg cocaine – laundered money overseas

Thorn

(19)

(2009) 198 A Crim R 135

NSWCCA

s.400.4(1)

 

 

12 x s.134.2(1) Cth Code

PG

(25%)

3y 4m

 

 

2y 6m

 

Total:

5y 4m

NPP 3y

AA

2y 8m

 

6-18m

 

Total:

4y 2m

NPP 2y 4m

Committed and dealt with for other dishonesty offences during period of offending

Made false claims for tax refunds totalling $114,586.92 – money laundering offence related to use of $103,512.50 of refunds claimed – unusual use of s.400.4 offence – very low form of offending

Gambling and drug use – lengthy delay

Reparation order - $114,586.92

Pham

(19)

[2009] VSCA 321

s.400.4(1)

 

 

Traffic mkt qty heroin

PG

3y

 

 

2y

AA

2y

 

3y

 

Total:

3y

Released after 22m

 

Involved as a runner in heroin trafficking for several months – came to occupy position of trust – involved in laundering $465,380 over 3 months

Co-offenders involved in more senior roles and for longer period – dealt with for s.400.3 offences: Trandy, Nguyen & Ngo [2009] VSCA 321

Jimmy

(46)

(2010) 77 NSWLR 540

NSWCCA

s.400.4(1)

PG

(50% combined)

3y 3m

NPP 2y 2m

ADNil

On 27 occasions over 3 month period took cash to bank and arranged for transfer to bank account in Hong Kong - amount transferred deliberately less than $10,000 - total amount remitted $243,952 - used false identities - part of larger money laundering operation - no evidence had knowledge money was proceeds of illegal activity - knew his own conduct illegal – received reduction in debt owed

Same scheme as Huang (2007) 174 A Crim R 370 and Siu (2007) 174 A Crim R 370

Guo

(2010) 201 A Crim R 403

NSWCCA

s.400.4(2)

PG

(15%)

2y 6m 18d

1y 10m PD

released on recognizance

Crown AA

3y 10m

NPP 2y 5m

 

Involved in elaborate and sophisticated scheme using phantom companies - avoidance of tax and exploitation of workers – $716,394 - significant degree of planning and deceit - pivotal role as sole director, secretary and shareholder of company – high level of criminality

Number of significant subjective factors

Trujillo-Mesa

[2010] NSWCCA 201

Conspire s.400.4(1)

PG

(25% on appeal)

7y 6m

NPP 4y 6m

AA

7y

NPP 4y 2m

 

Female – received and stored quantities of cash in rented apartment – gave cash lots to students who remitted monies to overseas bank accounts in Peru – kept records – around $799,000 – aware money proceeds of sale of cocaine - upper range of offences – large number of individual transactions – sophisticated enterprise

Prior good character – worked as cleaner

SJ unfairly reduced discount to 20% without warning

Kumar

(42)

[2010] NSWCCA 138

s.400.4(1)

 

 

19 dishonesty offences

PG

(35% plea and assist)

4y 6m

NPP 2y 9m

 

FT 6m – 1y 9m

 

Total:

5y 6m

NPP 3y 9m

AD Involved in extensive identity fraud scheme that manufactured and used false identities to open bank accounts – undertook several tasks on behalf of syndicate over several years – arrested at airport attempting to take $126,500 out of country for co-offender– became involved with wife because of financial difficulty – received small re-imbursement – low range offending

A.Nguyen

(27)

 

 

 

 

 

J.Nguyen

(26)

 

[2010] NSWCCA 331

s.400.4(2)

 

Conspiracy to traffic marketable qty heroin and methamphet

 

s.400.4(2)

 

Conspiracy to traffic marketable qty heroin and methamphet

VG

4y

 

5y

NPP 3y

(concurrent)

 

 

3y

 

5y

NPP 3y

(concurrent)

Crown AD

 

(appeal against drug sentences only)

Lengthy traffic offences

Member of large scale syndicate trafficking drugs – A Nguyen involved in money laundering over 6 months ($420,000) – J Nguyen over 3 weeks ($120,000) – each acted on instructions as performers of errands - also couriers for drugs

Both developed drug addiction

Ugureanu

[2012] WASCA 11

s.400.4(1)

 

s.53(1) Anti-Money Laundering and Counter Terrorism Financing Act

PG

7y

 

4m

ADprior custodial sentences – different offencesFound at airport in possession of $11,200 undeclared cash – further search at premises found evidence involved in transmitted over $500,000 overseas in 65 separate transactions over four days – used false identities – deeply involved although not the principal – high degree of criminality

Ihemeje

[2012] NSWCCA 269

2 x s.400.4(2)VG

5y 7m

NPP 3y 7m

AA

Only to adjust commencement date of non-parole period.

 

Proprietor of  foreign exchange business -  received $592,908 in fraudulent funds which he converted into US or Euro currency then handed back to the others involved in fraud-  filed AUSTRAC reports (in purported compliance with the statutory requirements) in which he provided false details of a non-existent recipient - audited by AUSTRAC

Good character

Van Eeden

(54)

[2012] NSWCCA 18

s.400.4(2)PG

3y 1m

NPP 1y 10m

ADtwo custodial sentences in the Netherlands

Found in possession of $432,268 cash in four currencies in luggage at airport – courier – source of money unclear

Isolated from family

Adegoke

(2013) 234 A Crim R 280

NSWCCA

s.400.4(1)

 

Att possess mkt qty cocaine

 

Possess false driver's licence

PG

(20%)

5y

 

7y

 

 

1y

 

Total:

10y

NPP 6y

ADDishonesty offences$387,271 transferred overseas in 90 separate transactions over 8mths – funds transferred in false names – in possession of postal collection slip for 86.2g cocaine sent from Brazil

Mac

[2014] NSWCCA 24

s.400.4(1)

 

 

Att import mkt qty heroin

 

Supply lge comm qty heroin

 

Supply lge comm qty meth

VG

8y

NPP 5y

 

9y

NPP 5y

 

8y

NPP 5y

 

9y

NPP 5y

 

Total:

13y

NPP 9y

ADnil

In business of drug supply – arrested while picking up package containing heroin sent while visiting Vietnam – controlled delivery – subsequent search of house found $554,250 cash in safe, heroin and methamphetamine and equipment for drug supply

Mature man with family – businessman respected in community

Ly

[2014] NSWCCA 78

 

s.400.4(1)VG

3y 6m

NPP 2y 4m

Crown AA

8y

NPP 4y 6m

 

Female - falsely caused ATO to pay refunds of 21 taxpayers totalling $357,568 into offender's accounts - used funds to support extravagant lifestyle

Virtually no mitigating circumstances

Consideration of operation of federal money laundering offences - comparison with comparable cases

Lin

(43)

[2014] NSWCCA 254

s.400.4(1)

 

 

Possess equip to make false do

 

Dealing with identification information facilitating forgery

PG

(25%)

FT 9m

 

 

12m

NPP 6m

 

12m

NPP 6m

 

Total

16m

NPP 10m

Crown AA

1y 3m

 

12m

NPP 6m

 

12m

NPP 6m

 

Total

16m

NPP 15m

nilFemale – involved in activities of criminal syndicate – on four occasions arranged for cash to be transferred overseas – total $324,508 – tax evasion – acted at direction of co-offender – used false identification - financial gain – also involved in manufacture, distribution and use of false identification documents

Chime

(36)

[2014] NSWCCA 304

s.400.4(1)

 

9 x Aid and Abet import mkt qty drugs

VG

6y

 

2y-4y

 

Total:

12y

NPP 7y

AD

 

(sentence for one drug offence reduced from 3y to 2y)

 

Drugs concealed in packages sent by mail – offender unpacked and delivered drugs – more than courier

42.3g heroin / 64.7g cocaine / 174g heroin / 106g morphine derivative / 116.7g cocaine / 2g heroin / 158.6g methamphet / 332.1g heroin / 159g cocaine

Transferred $524,000 drug money overseas by numerous transactions over 10 months – all offences involved using false identification documents – intermediary involving quite a deal of planning

Prior good character – suffering PTSD from experiences in Nigeria

Kamay

[2015] VSCA 296

s.400.4(1)

 

2 x Dealing in identification information using carriage service

 

4 x Insider trading offences

PG

(28%)

1y

 

3m

 

 

 

 

2-5y

 

Total:

7y 3m

NPP 4y 4m

ADnilAssociate director of bank obtained confidential information from associate at Australian Bureau of Statistics – made over $7-8M profit from insider trading

Younan

(21-22 at offence - 31 at sentence)

[2016] NSWCCA 248

s.400.4(1)VG

6y

NPP 4y

 

Reparation $322,600.

AD 2007 offence – arranged for accountant with whom offender had intimate relationship to fraudulently submit business activity statements to Taxation Office (ATO) - caused $322,600 refund to be paid to self

Truong

[2016] VSCA 228

s.400.4(1)

 

 

s.400.4(1)

 

s.400.4(1)

 

s.400.5(1)

VG

6y

 

 

5y 6m

 

5y

 

4y

 

Total:

8y 6m

NPP 6y

AA

4y 6m

 

3y

 

3y

 

2y 6m

 

Total:

6y

NPP 4y

 

Assisted cousin to remit drug trafficking money overseas over two months - $696,500 transmitted to Hong Kong – money sent through account of company director – aware cousin was a drug dealer – recruited third person to assist – financial reward

Vietnamese with difficult background – lengthy period on bail – prior good character

 Last updated: 19.4.2018

 

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