R v Choi (No 10) [2021] NSWSC 891

Supreme Court New South Wales

Medium Neutral Citation: R v Choi (No 10) [2021] NSWSC 891 Hearing dates: 13-15 July 2021 Decision date: 23 July 2021 Jurisdiction: Common Law Before: Adamson J Decision: The offender, Chan Han Choi, is convicted of counts 1 and 2 on the indictment. The offender is sentenced to an aggregate sentence of imprisonment for a fixed term of 3 years and 6 months, commencing on 16 December 2017 and expiring on 15 June 2021. As the sentence has expired, the offender is no longer subject to the conditions of bail. Catchwords: SENTENCING – Plea of guilty to providing sanctioned services to North Korean entities contrary to s 27(1) of the Charter of the United Nations Act 1945 (Cth) and the Autonomous Sanctions Act 2011 (Cth) – brokering services for transactions involving military equipment, coal, petroleum and pig iron SENTENCING – Seriousness of offence – relevance of maximum penalty for most serious category of offences – wide conduct covered by offences SENTENCING – Relevance of motivation – twofold motive to assist people of North Korea adversely affected by sanctions and for financial gain SENTENCING – aggregate sentence imposed – no specification of non-parole period as total term expired prior to imposition of sentence having regard to lengthy period on remand – following grant of bail, strict conditions imposed which amounted to quasi-custody Legislation Cited: Autonomous Sanctions Act 2011 (Cth), ss 6, 10, 11, 16 Autonomous Sanctions Regulations 2011 (Cth), reg 13 Charter of the United Nations (Sanctions – Democratic People's Republic of Korea) Regulations 2008 (Cth), regs 4, 5, 11 Charter of the United Nations Act 1945 (Cth), s 27 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 32, 47, 53A Crimes Act 1914 (Cth), ss 16A, 16AB, 16BA, 16E, 16F, 17A, 19AB Evidence Act 1995 (NSW), s 191 The Charter of the UN (Sanctions – Democratic People's Republic of Korea) Amendment (2017 Measures No 2) Regulations, Sch 1 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Director of Public Prosecutions (Cth) v Beattie [2017] NSWCCA 301; (2017) 270 A Crim R 556 Putland v The Queen (2004) 218 CLR 174; [2004] HCA 8 R v Choi [2020] NSWSC 1586 R v De Leeuw [2015] NSWCCA 183 Restricted Judgment [2019] NSWSC 1892 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 The Queen v Pham (2015) 256 CLR 550; [2015] HCA 39 Veen v The Queen (No. 2) (1988) 164 CLR 465 at 478; [1988] HCA 14 Weininger v The Queen (2003) 212 CLR 629; [2003] HCA 14 Xioa v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Texts Cited: Explanatory Memorandum, Autonomous Sanctions Bill 2010 (Cth) Second Reading Speech, International Trade Integrity Bill 2007 (Cth) (Commonwealth House of Representatives, 14 June 2007) United Nations Security Council, Resolution 1718 (adopted 14 October 2006) United Nations Security Council, Resolution 2270 (adopted 2 March 2016) United Nations Security Council, Resolution 2321 (adopted 30 November 2016) United Nations Security Council, Resolution 2371 (adopted 5 August 2017) United Nations Security Council, Resolution 2375 (adopted 11 September 2017) Category: Sentence Parties: Regina Chan Han Choi (Offender) Representation: Counsel: J Single SC / S Love (Crown) T D Anderson (Offender)