R v Davis (Pre-trial ruling) [2024] NSWDC 5

District Court New South Wales

Medium Neutral Citation: R v Davis (Pre-trial ruling) [2024] NSWDC 5 Hearing dates: 15 January 2024 Date of orders: 18 January 2024 Decision date: 18 January 2024 Jurisdiction: Criminal Before: Priestley SC DCJ Decision: See [49-55] Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Commonwealth Criminal Code 1995 (Cth) Cases Cited: He Kaw Te (1985) 157 CLR 523 Xue v The Queen [2021] NSWCCA 270 Lin v R [2015] NSWCCA 204 Pereira v DPP (1988) 35 ACrim R 382 Texts Cited: CRIME — Money laundering — Recklessly dealing with proceeds of crime Category: Procedural rulings Parties: Rex (Crown) Davis (Offender) Representation: Counsel: Cochrane for Davis Morters the Crown File Number(s): 2021/00174032 Publication restriction: Nill

PRE TRIAL RULING 1. The accused has been arraigned on an indictment dated 14 April 2023 of two charges of dealing with proceeds of crime in circumstances where he was reckless as to whether the funds in a bank account to a certain value were the proceeds of crime. Both charges are brought pursuant to the terms of section 193B(3) of the Crimes Act. By reason of section 193E(2A) of the Crimes Act there is an alternative charge so that should the jury not be satisfied the accused is guilty of the offence charged but is satisfied the accused is guilty of an offence under section 193C(1) the accused may be found not guilty of the offence charged but guilty of that other offence. 2. A trial date has been set for May 2024. 3. There is a difference of opinion between the parties as to how the jury should be directed as to the state of mind of the accused that the Crown is required to prove for the element of dealing with proceeds of crime in respect of both section 193B and the alternative charge under section 193C. In broad terms the argument concerns the knowledge of the accused of the transaction resulting in the funds the subject of the two charges coming to be in the relevant bank accounts. 4. The application is made by the Crown and reliance is placed on section 139(3)(g) of the Criminal Procedure Act for a pre-trial ruling on any question of law that might arise at the trial. 5. The only evidence on this application, which was tendered without objection, and became exhibit A is the Crown case statement dated 28 November 2022.