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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 $1million or more - (Cth) Criminal Code - s.400.3

Criminal Code (Cth)

400.3(1) Dealing with property or money worth $1,000,000 or more knowing it is a proceed of crime or intending it to became an instrument of crime – 25 years

400.3(2) Dealing with property or money worth $1,000,000 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 – 12 years

400.3(3) Dealing with property or money worth $1,000,000 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 – 5 years 

Name
(age if known)

OffencePleaSentenceAppealRecordFacts

Z

(2006) 167 A Crim R 436

s.400.3(2)

 

 

Possess comm qty ecstasy

PG

(60% combined)

FT 2y

 

 

5y 2m

NPP 2y 7m

 

(concurrent)

Crown AA

FT 2y

 

8y

NPP 4y

 

Total:

9y

NPP 5y

 Travelled to Australia and attended currency exchange business – acting for international crime syndicate to move large amount of money out of Australia – role "relatively menial"

Ansari

 

 

 

 

 

 

Ansari

 

(2007) 173 A Crim R 112

NSWCCA

2 x conspiracy s.400.3(2)

 

 

 

 

 

2 x conspiracy s.400.3(2)

VG

 

 

 

 

 

 

VG

4y (each)

 

 

Total:

4y 6m

NPP 2y 9m

 

4y (each)

 

Total:

4y 6m

NPP 2y 9m

Crown AA

7y (each)

 

Total:

9y

NPP 5y 5m

 

7y (each)

 

Total:

9y

NPP 5y 5m

 

Brothers - directors of money exchange business – took delivery of over $2 million in cash - arranged for associate to deposit $1,952,107 into various bank accounts in sums of less than $10,000 from October 2003 to May 2004 – associate who delivered money returned to Sydney in June 2004 - gave evidence at trial he believed he would be delivering between $2-3 million to appellants

Appeal to High Court against conviction dismissed: [2010] HCA 18

Huang

(36)

(2007) 174 A Crim R 370

[2007 NSWCCA 259

 

 

Co-offender:

CHEN

s.400.3(1)

PG

(slightly above 50% for plea and assist)

3y

NPP 1y 9m

Crown AA

5y 6m

NPP 3y 4m

 

With co-offender Siu engaged to send money to China for purpose of avoiding tax in Australia over several months - 335 banking transactions - $3,088,311 sent overseas - paid approximately $30,000 – trusted couriers

Co-offender charged with s.400.4(1) – Siu (2007) 174 A Crim R 370

Co-offender Chen who provided money charged with s.400.3(1) - Chen [2010] NSWCCA 224

Viana

[2008] NSWCCA 188

 

 

 

 

Co-offender:

LI

s.400.3(2)

PG

(25%)

4y 6m

NPP 2y 11m

Crown ADNilAmerican / Colombian travelled to Australia to take delivery of money due to Colombian for drug importation – reckless as to source or purpose of funds – hid $5,050,000 in unit for several months – after leaving Australia continued to arrange for movement of cash to Colombia – not principal but significant role – mid-range objective gravity – working for benefit of father – no evidence would receive financial reward

Chen

(45)

[2009] NSWCCA 66

Conspiracy s.400.3(2)PG

6y

NPP 3y 7m

AD 

Fraud involving transfer of funds overseas – involved in setting up overseas account and attempting to access funds

Involved in same scheme as WONG and ROIZMAN

Trandy

(42)

 

 

 

 

 

 

 

 

Nguyen

(25)

 

 

 

 

 

 

 

 

Ngo

(32)

 

[2009] VSCA 321

Consp s.400.3(1)

 

Consp s.400.3(1)

 

Consp traffic comm qty heroin

 

 

 

 

Consp s.400.3(1)

 

Consp s.400.3(1)

 

Consp traffic comm qty heroin

 

 

 

 

Consp s.400.3(1)

 

Consp traffic comm qty heroin

PG

 

 

 

 

 

 

 

 

 

PG

 

 

 

 

 

 

 

 

 

PG

6y

 

7y

 

9y

 

Total:

13y

NPP 11y

 

5y

 

6y

 

8y

 

Total:

13y

NPP 11y

 

4y

 

3y

 

 

Total:

5y

NPP 3y 6m

AA

 

 

 

 

 

Total

13y

NPP 9y 6m

 

AA

 

 

 

 

 

Total:

11y

NPP 7y 6m

 

Crown AA

6y

 

7y

 

Total:

8y

NPP 5y

nil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

nil

Trandy and Nguyen conspired to transfer $2,021,000 drug money via remittance agents to Sydney in 23 transactions over several months – money came from sale of 50 blocks of heroin – subsequently became involved in trafficking 1.5kg pure heroin - laundered $5,374,500 in 33 separate dealings over ten months – Ngo became involved slightly later – each offender core group in conspiracy – Trandy most senior

Li

(2010) 202 A Crim R 195

NSWCCA

 

Co-offender:

VIANA

s.400.3(1)VG

12y

NPP 8y

Crown AD

AD

NilTravelled from overseas – collected money from house including batches of notes worth $600,000, $750,000 and $100,000 - dealt with currency notes totalling $2.6 million - some money deposited in bank and other money sent overseas

Byrne

(48)

[2010] QCA 033

s.400.3(1)

 

 

 

Fraud

PG

6y

NPP 3y 6m

 

 

3y 6m

AA

6y

NPP 18m

 

3y 6m

NPP 18m

 Attended bank and pretended to be a customer – transferred $1.39M from term deposit into transaction account – used forged signatures and false documents - following day attended bank again and transferred funds to account in Hong Kong – brazen and pre-mediated offence – acted on behalf of others

Nguyen

(34)

(2010) 204 A Crim R 246

NSWCCA

s.400.3(1)

 

 

Conspiracy to traffick commercial qty heroin

PG

(20%)

10y

 

 

12y

 

Total:

14y

NPP 9y 3m

Crown AA

13y

 

12y

 

Total:

16y

NPP 10y 8m

Nil relevant

Over 11 moths deposited $15million in accounts for transfer interstate and overseas – could not establish criminal conduct from which funds sourced - managed and directed very big and intricately planned criminal organisation – received commission

CCA – sentencing principles at [58]-[60]

Chen

(41)

[2010] NSWCCA 224

 

Co-offender:

HUANG

s.400.3(1)VG

16y 6m

NPP 10y 6m

ADNil$3,088,311 – gave cash to person who deposited in bank account – each amount under $10,000 – 333 international transfers over 10 months – criminality substantially greater than co-offender

Le

[2010] NSWCCA 285

s.400.3(1)

 

 

Consp import traff qty heroin

 

Consp to traffic in comm qty heroin and methamphet

PG

(50% plea and assist)

7y

 

 

7y

 

 

13y 6m

 

Total:

13y 6m

NPP 9y

AA

7y

 

7y

 

 

12y 6m

 

Total

12y 6m

NPP 8y 3m

 

Intimately involved in drug importing and distributing syndicate – actively involved in arranging for heroin to be imported from Germany and Vietnam on several occasions  – arranged for supply of approx. 3.5kg heroin and 2.3kg methamphetamine over extended period – had general oversight of arrangements laundering over $4.7M through money remittance businesses

Special protection

Lai

(57)

[2011] NSWCCA 16

s.400.3(2)VG

9y 6m

NPP 7y

ADnilPilot for Vietnamese airlines took cash out of Australia on 19 occasions - $5.125 million – received commission of $39,460 – operation involved other crew members prior to involvement of offender

TAN

 

 

 

HAH

 

 

PAB

 

 

HAT

 

(2011) 216 A Crim R 535

[2011] VSCA 427

s.400.3(2)

 

 

 

Consp s.400.3(1)

 

 

s.400.3(1)

 

 

Consp s.400.3(1)

PG

(27%)

 

 

PG

(18%)

 

PG

(22%)

 

PG

(22%)

5y

NPP 3y

 

 

12y 6m

NPP 9y

 

8y

NPP 5y 6m

 

12y 6m

NPP 9y

AA

4y 9m

NPP 2y 6m

 

9y

NPP 5y 9m

 

7y

NPP 4y

 

11y

NPP 8y

nil

 

 

 

nil

 

 

nil

 

 

nil

All offender related by marriage or family - conducted money transfer businesses owned by parents in Vietnam through which proceeds of crime transferred within Australia or internationally

Conspiracy between HAH and HAT involved $69M and $57M respectively

Significant delay

HAH – female – controlled three businesses – hardship on children due to imprisonment – involvement in offences influenced by parents – impact of mental condition on imprisonment – fresh evidence of assistance

HAT – controlled one business - parity

PAB – assisted with one business $8–9 million - likely deportation – poor physical health – cultural background – recruited and under supervision of sister HAH

TAN – female - similar role and involvement to co-offender T T [2012] VSCA 27 - operated one business $8 million

T T

[2012] VSCA 27

 

Co-offenders:

TAN

s.400.3(2)PG

5y

NPP 3y

AA

4y 6m

NPP 2y 6m

 

(no factual details – see co-offender)

Parity with co-offender

Since sentence lost $41,000 interest in property forfeited to Commonwealth

Nguyen

(53)

[2012] NSWCCA 152

s.400.3(2)PG

7y

NPP 4y 6m

AD 

Female - dealt with substantial amounts of cash on six separate occasions – totally $9.9m – acted as representative for remittance agency – active and trusted participant involved in aspects of planning, counting and organising of money transfers – funds moved outside Australia – on-going course of conduct – received financial reward – clearly suspected proceeds of crime and deliberately did not inquire – essential role

Good character – genuine remorse – good prospects of rehabilitation

Lee

(37)

[2011] NSWSC 89

Latham J

 

[2012] NSWCCA

123

Conspiracy s.400.3(1)

 

Conspiracy to import traff qty heroin

 

Conspiracy to traffic mkt qty heroin and methamphetamine

PG

(during trial)

5y 6m

 

 

7y

 

 

 

6y

 

Total:

12y

NPP 8y

ADnilPart of large scale drug syndicate selling drugs interstate – arranged and facilitated delivery of drugs – carried out tasks as directed – collected and remitted drug purchase money – principal Melbourne agent – total of 110 remittances over 8m involving $4,385,205 made by syndicate

Majeed

(35)

[2013] VSCA 40

s.400.3(2)

PG

(22%)

7y

NPP 5y

ADnil

As Australian representative of international money remitter liaised with leaders of drug syndicate and arranged laundering of cash from drug dealing – 12 transactions totalling $5,265,320 – received $28,000 commission – middle management

No family in Australia - isolated

Wang

 

 

Roizman

 

[2013] NSWCCA 2

s.400.3(2)

 

 

Aid and abet s.400.3(2)

VG

 

 

VG

10y

NPP 6y 6m

 

9y 6m

NPP 5y 6m

AD

Make false instrument

 

Post-dated passport offence

Sophisticated and carefully executed fraud involving transfer of funds overseas – offenders involved not in fraud but subsequent money laundering stage – attempted to launder money through gambling over 8 hours – R laundered $16.7m

Same scheme as CHEN

Dickson (No.18)

(50)

[2015] NSWSC 268

Beech –Jones J

 

[2016] NSWCCA 105

 

 

 

Co-offender:

ISSAKIDIS

Conspire s.400.3(1)

 

s 135.4(5) – conspiracy to defraud Cth [10y]

VG

9y

 

 

7y 6m

 

Total

11y

NPP 7y

Crown AA

12y

 

9y

 

Total

14y

NPP 9y 3m

Nil

Tax fraud in worst category of offence – conspiracy to deal with proceeds of crime very serious example of offence - director of company with co-conspirator - agreement to make false depreciation claims in company tax returns – sham agreements to acquire medical technology as basis for depreciation claims – submission of false material to Australian Tax Office to support claims – extent of loss or risk of loss $135 million – personal benefit - dishonest and fraudulent tax scheme on a large scale - high degree of planning and sophistication.

Prior good character – well-educated, employed

Mato

 

 

 

 

 

 

 

Rusu

 

[2015] NSWCCA 328

s.400.3(1)

 

Conspire import comm qty

 

 

 

 

s.400.3(1)

 

Conspire import comm qty

VG

 

 

 

 

 

 

 

VG

12y 6m

 

26y 9m

 

Total

30y 3m

NPP 19y

 

10y

 

27y

 

Total:

29y 9m

NPP 18y 10m

AD

 

 

 

 

 

 

 

AD

Assault, malicious damage

 

 

 

 

 

 

Drug supply (old matters – not significant)

Six importations from USA with co-offender – 209kg drugs - co-offender paid $1.4m to provide paper work to enable drugs to be imported - extremely high level of organisation - approaching worst case category – $870,000 laundered through business accounts.

Islam

(28)

[2016] NSWCCA 233

s.400.3(1)

 

 

 

s.400.9

 

Sched:

related offence

PG

(25%)

5y 6m

NPP 3y 6m

 

 

FT 9m

 

Total:

6y

NPP 4y

AA

4y 9m

NPP 3y 6m

 

FT 9m

 

Total:

5y 3m

3y 6m

Computer offences, obtain money by deception

Found at Sydney airport to have concealed $1,023,900.00 in luggage and luggage of family and friends – intending to take out of country - when spoken to by Customs offender money was his and he had packed it in all bags – serious example of offence

Employed – drug addiction

Issakidis

(74)

[2018] NSWSC 378

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

DICKSON

Conspire s.400.3(1)

 

s 135.4(5) – conspiracy to defraud Cth [10y]

VG

8y 3m

 

 

7y

 

Aggregate:

10y 3m

NPP 7y 6m

 Nil relevant

Tax fraud in worst category of offence -  conspiracy to make false depreciation claims in company tax returns and conspiracy to launder proceeds of crime through offshore accounts - loss to Commonwealth exceeded $100M - intended loss to Commonwealth approximately $135M – offences involved intricate planning and preparation over a number of years - worst category offences – motivated by greed – no contrition - role marginally less significant than co-accused - less involved in production of documents than in dealing with people to maintain semblance of legitimacy - share of proceeds smaller than co-offender but still in excess of $15M.

Good prospects of rehabilitation –significant delay – hardship to offender and his wife – mental and physical health problems –  advanced age

Huang

[2018] NSWCCA 57

s.400.3(1)

 

Sched:

9 offences involving transactions totalling $1,867,500

PG

(10% on appeal)

8y

NPP 5y

AA

6y 3m

NPP 4y 8m

Stealing, fraud

Converted AUD$3,216,500 into Chinese Yuan at money remitters in Sydney using false identities - transferred amount to accounts in China or Hong Kong - six transfers totalled AUD$1,349,000 – used false names and assumed identities and names and identities of persons without their knowledge or consent - prevailed on others to assist by having them make large cash deposits into banks on his behalf - planning – financial gain.

Gambling history

Kim

[2018] NSWCCA 68

s.400.3(1)

 

 

s 233BABAD(1) – Import tobacco with intent defraud

 

Sched:

1 offence

PG

5y

NPP 3y 4m

 

2y 3m

 

Total:

6y 6m

NPP 4y 10m

AA

5y

 

2y 3m

 

Total:

5y 6m

NPP 3y 10m

Nil

Smuggling and selling tobacco since 2013 – in 2015 assisted co-offender taking delivery of air-cargo consignment of concealed tobacco - used money remittance service to transfer money earned from tobacco importations back to Korea many  times over 18 months - operation sophisticated and well-planned - upper range of seriousness

Korean nationals on student visas - remorse - cautious prospects of rehabilitation

Last Updated: 2/5/2018

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