Back to Top

Back to Sentencing Tables Index 
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 Reasonably Suspected of Being Proceeds of Crime - (Cth) Criminal Code - s.400.9

Criminal Code (Cth)
400.9(1) Dealing with property reasonably suspected of being proceeds of crime – 2 years

Amended 19.3.2010
400.9(1) Dealing with property $100,000 or more reasonably suspected of being proceeds of crime – 3 years
400.9(1A) Dealing with property less than $100,000 reasonably suspected of being proceeds of crime – 2 years 

Name
(age if known)

OffencePleaSentenceAppealRecordFacts

Wong

[2013] VSCA 52

5 x 400.9(1)

 

 

 

 

s.400.9(1A)

 

Possess false passport

 

Possess false documents

 

Possess things to falsify documents

PG

20m (each)

 

Total for s.400.9(1)

3y 10m

 

8m

 

10m

 

 

18m

 

 

12m

 

Total:

5y 9m

NPP 4y

ADnil

Malaysian national overstayed visa – over several months deposited total of $6,297,187.90 in 34 deposits for international transfer to China – arrested in possession of $63,810 – found at residence office set up to manufacture false bank cards, 973 counterfeit cards, more incomplete cards and false passport – employee in scheme – unaware where money came from

Isolated in prison

Shi

(2014) 246 A Crim R 273

NSWCCA

10 x s.400.9(1)

 

 

 

 

s.400.9(1A)

PG

(30% plea and assist on appeal)

Total

5y 6m

NPP 3y

 

 

9m

(concurrent)

AA

Total

4y 9m

NPP 2y 7m

 

9m

(concurrent)

 

Female laundered money out of Sydney overseas through bank accounts – possibly seeking to avoid tax – deposited money she was given into bank account – over $35 million over two months

Unsophisticated person from China

Almada

(27)

[2015] NSWCCA 19

s.400.9(1)

 

Sched:

1 offence

PG

(25%)

18m

released to recog after 9m for 3y

ADminor – breached bond

Plan to take significant amount of money out of country - with 7 others met I and C at airport who placed large amounts of money in suitcases - attempted to board flight out of Australia – customs search revealed $210,200 in offender's suitcase - total of $1,023,900 in various suitcases

Drug abuse

Jiao

[2015] NSWCCA 95

s.400.9(1)VGFT 6m

Crown AA

16m

released to recog after 12m

nil

Female made contact with unknown male in casino through pre-arranged signal – took bag containing money and deposited $624,340 into casino account – withdrew $300,000 cash to deposit into personal account then transfer to second account on instructions from brother

Foreign national with no family in Australia – good prospects of rehabilitation

Consideration of cases for sentencing on money laundering offences at [28]-[31]

Arsiotis

[2015] NSWCCA 275

s.400.9(1)

PG

(25%)

20m

released to recog after 12m

AA

18m

released after 10m 21d

 Involved $990,050 – would have received $74,253.75 benefit – no additional facts – appeal based on incorrect calculation of discount for plea

Arora v Cobern

(42)

(2015) 257 A Crim R 163

WASC

s.400.9(1)PG8m

AA

8m

released to recog after 5m

nil

Received approximately $170,000 from two people at his house - made small deposits of less than $10,000 in various bank accounts – sustained and organised offending

Prior good character

Singh

(35)

(2016) 260 A Crim R 216

VSCA

s.400.9(1A)

 

(originally sentenced for s.400.9(1) – resentenced after conviction appeal)

VG

14m

released after 9m for 2y

Conviction AA

s.400.9(1A) substituted

 

10m

released after 6m for 2y

nil

Collected suitcase containing money from unknown male on behalf of friend in India – used $5 note to verify identity – case contained $500,001 – admitted previously collected smaller amounts of cash on behalf of friend – believed collected $20-60,000 – element of planning

Had offered to plead guilty to s.400.9(1A)

Kleindyk

(42)

[2016] WASCA 123

s.400.9(1)

 

Att traffick comm qty meth

 

Traffick mkt qty meth

 

Traffick comm qty ecstasy

 

Traffick traff qty cocaine

 

Sched:

smaller drug offences

PG

1y 3m

 

14y

 

 

6y

 

9y

 

 

5y

 

Total:

18y

NPP 11y 3m

ADprior drug offences

9.734kg pure meth in box transported from NSW and delivered to storage unit – controlled delivery – offender travelled from Queensland to examine drugs – search of house in Queensland found $764,320 cash and further drugs and drugs equipment  – in storage unit in Queensland found the following drugs: 270.3g pure meth / 2.7428kg pure ecstasy / 208.4g pure cocaine – significantly involved in major drug distribution enterprise although not principal

 

Linggo

[2017] NSWCCA 67

s.400.9(1)

 

 

s.142(1) Anti-Money Laundering and Counter-Terrorism Financing Act 2006 [5y]

PG

(20% on appeal)

18m

 

 

2y 6m

 

Total:

3y 3m

AA

18m

 

2y 2m

 

Total:

2y 9m

 Offender found by police in hotel room counting quantity of Australian $50 note bundles using counting machine - total amount of Australian currency located in hotel room was $1,055,920 – also located three mobile phones, two bags containing further bundles and laptop computer.

Choi

(34)

 

 

 

Pereira

(34)

 

[2017] SASCFC 54

s.400.9(1)

 

 

 

 

s.400.9(1)

PG

(1/3rd)

 

 

 

PG

(30%)

12m

released after 6m for 12m

 

 

14m

released after 9m for 12m

AA

8m

released after 5m for 12m

 

11m

released after 7m for 12m

nil

 

 

 

 

nil

Singaporean citizens –flew together to Australia for two nights – both found at airport attempting to leave with cash and meat in bags - P with $270,450 – C with $249,250 – P had travelled to Australia in similar circumstances on four previous occasions

Last updated: 19.4.2018