Regina v Matsumura [2003] NSWCCA 170

New South Wales Court of Criminal Appeal

CITATION : Regina v Matsumura [2003] NSWCCA 170 HEARING DATE(S) : 23/06/03 JUDGMENT DATE : 23 June 2003

JUDGMENT OF : Ipp JA at 1; Buddin J at 32; Shaw J at 34 DECISION : Appeal dismissed.

CATCHWORDS : CRIMINAL LAW - Transferring foreign currency - Financial Transactions Reports Act 1988 - Trial judge exercised discretion to not enter conviction - Appeal dismissed. Crimes Act 1914, s 19B(1) LEGISLATION CITED : Financial Transactions Reports Act 1988, s 15(1)(a)(ii) Justices Act 1902, s 51A Regina (Cth) PARTIES : v Eiji Matsumura FILE NUMBER(S) : CCA 60130/03 COUNSEL : Crown (Cth): T Muir Respondent: C Gee QC SOLICITORS : Crown: Commonwealth Director of Public Prosecutions Respondent: Watsons

LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0150 FILE NUMBER(S) : LOWER COURT Dodd DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60130/03

IPP JA BUDDIN J SHAW J

Monday, 23 June 2003 REGINA v EIJI MATSUMURA Judgment 1 IPP JA: This is an unusual case. The circumstances of the offence are unusual, the respondent is an unusual person, and the order made by the trial judge is unusual. 2 The respondent pleaded guilty under s 51A of the Justices Act 1902 to one offence under s 15(1)(a)(ii) of the Financial Transactions Reports Act 1988. The offence was admittedly committed when, on 6 January 2003, the respondent entered Australia carrying not less than $AUD10,000, without making an appropriate report in respect of that money as required by the Financial Transactions Reports Act. At the time, the respondent had with him $AUD835, EU274,173.25, $US12,670.29, 144,778 Japanese Yen, and ten Thai bhat. The value in Australian dollars of this entire sum was $520,195.90. The maximum penalty for the offence was two years imprisonment and a fine of $13,200. 3 The respondent had flown into Australia on a passenger aircraft and had falsely indicated on the incoming passenger card completed by him that he did not have currency with him in excess of $AUD10,000. The respondent had been given the standard passenger card to complete. This was a relatively small card on which there were eleven questions which passengers are required to answer by ticking boxes next to the questions concerned. The boxes formed two columns. The left hand column of boxes was designated "Yes" and the right hand was designated "No". Incoming passengers were required to tick the appropriate box, thereby answering "yes" or "no" to the question concerned. 4 Question 5 read: "$AUD10,000 or more in Australian or foreign currency equivalent?"