R v Thota [2024] NSWDC 48

District Court New South Wales

Medium Neutral Citation: R v Thota [2024] NSWDC 48 Hearing dates: 9 February 2024 Date of orders: 1 March 2024 Decision date: 01 March 2024 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence with recognizance. Release order to take effect immediately. For orders see [92]. Catchwords: CRIME – deal with money proceeds of indictable crime – give false and misleading information to a reporting entity. Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 Crimes Act 1914 Crimes (Sentencing Procedure) Act 1999 Criminal Code Act 1995 Cases Cited: Cahyadi v R (2007)168 A Crim R 41; [2007] NSWCCA 1 Green v The Queen (2011) 244 CLR 462 Kim v The Queen 2016 [VSCA] 238 R v Ansari (2007) 70 NSWLR 89; [2007] NSWCCA 204 R v Huang; R v Siu (2007) 174 A Crim R 370 Category: Sentence Parties: Commonwealth Director of Public Prosecutions (the Crown) Druga Hemanth Thota (the offender) Representation: Counsel: Ms C Akthar (the Crown)

Solicitor: Mr Lewis (the offender) File Number(s): 2022/93762

remarks on sentence 1. Druga Hemanth Thota is to be sentenced in respect of the following three offences to which he has pleaded guilty:- Sequence 4 – Between about 16 March 2022 and about 18 March 2022 at Sydney in the State of New South Wales, he dealt with money or other property, it being reasonable to suspect that such money or other property was proceeds of an indictable crime and at the time of the dealing the value of the money or other property was less than $100,000. This is an offence pursuant to s 400.9 (1A) of the Criminal Code Act (Cth) ("the Code"). The maximum penalty for the offence is imprisonment for 2 years, or 120 penalty units, or both. Sequence 38 – On or about 9 October 2021 at Sydney in the State of New South Wales, he dealt with money or other property that was proceeds of indictable crime and he was reckless as to the fact that the money or other property was proceeds of indictable crime and at the time of the dealing the value of the money or other property was $1,000 or more. This is an offence pursuant to s 400.7(2) of the Code. The maximum penalty for the offence is imprisonment for 2 years, or 120 penalty units, or both. Sequence 40 – Between about 22 February 2022 and about 26 March 2022 at Sydney in the State of New South Wales, he gave information to a reporting entity knowing that the information was false or misleading, and that information was given or purportedly given under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or a provision of the Anti-Money Laundering and Counter-Terrorism Financial Rules. This is an offence pursuant s 136(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). The maximum penalty for this offence is imprisonment for 10 years, or 10,000 penalty units, or both. 1. There are two matters to be dealt with on a schedule pursuant to s 16BA of the Crimes Act 1914 (Cth):- Sequence 39 – On or about 9 October 2021 at Sydney in the State of New South Wales he attempted to deal with money or property that was proceeds of indictable crime and he was reckless as to the fact that the money or other property was proceeds of indictable crime and at the time of the attempted dealing the value of the money or other property was $1,000 or more. This is an offence pursuant to s 400.7(2) and s 11.1(1) of the Criminal Code (Cth). The maximum penalty for this offence is imprisonment for 2 years, or 120 penalty units, or both. This offence is to be taken into account on sentence in respect of Count 38 above. Sequence 41 – On about 13 March 2022 at Sydney in the State of New South Wales, he possessed identification information, with the intention that any person would use the identification information to engage in conduct, being conduct which constituted an offence against s 372.1(1) of the Criminal Code (Cth). This is an offence pursuant to s 372.2(1) of the Criminal Code. The maximum penalty for this offence is imprisonment for 3 years. This offence is attached to Sequence 40 above. 1. The offender has admitted his guilt in respect of Sequences 39 and 41 and has asked that those matters be taken into account on sentence for the index charges. 2. The offences occurred between 9 October 2021 and 26 March 2022. The offender was arrested on 2 April 2022 and spent 24 days in custody between 2 April and 26 April 2022. 3. A co-offender, Uday Chintagunta was sentenced by me on 20 October 2023 for two offences pursuant to s 400.6(1)(b)(i) of the Criminal Code (Cth). On one of those offences a further charge was taken into account on a schedule pursuant to 16BA of the Crimes Act 1914 (Cth), being an offence pursuant to s 400.7(1)(b)(i) and s 11.1(1) of the Code. Principles of parity in sentencing therefore are to apply in sentencing this offender.