R v Huang, R v Siu [2007] NSWCCA 259

New South Wales Court of Criminal Appeal

CITATION: R v Huang, R v Siu [2007] NSWCCA 259

HEARING DATE(S): 28/03/2007, 30/07/2007

JUDGMENT DATE: 4 September 2007

JUDGMENT OF: Simpson J; Howie J; Hislop J

DECISION: In respect of the respondent Huang: (1) The Crown appeal is allowed. The sentence imposed by Charteris DCJ is quashed. (2) The respondent is sentenced to imprisonment for 5 1/2 years to date from 18 December 2005. There is to be a non-parole period of 3 years 4 months to expire on 17 April 2009, the date upon which the respondent is eligible to be released to parole. In respect of the respondent Siu: (1) The Crown appeal is allowed. The sentence imposed by Geraghty DCJ is quashed. (2) The respondent is sentenced to imprisonment for 5 years to date from 9 March 2007. There is to be a non-parole period of 2 1/2 years to expire on 8 September 2009, the date upon which the respondent is eligible to be released to parole.

CATCHWORDS: Criminal Law - Sentencing - Crown Appeal - Money Laundering - whether sentences are manifestly inadequate.

Financial Transactions Reports Act 1988 - s 31(1) LEGISLATION CITED: Criminal Code Act 1995 (Cth) - s 400.3(1), 400.3(2), 40.3(a), 400.4(1), 400.4(a), Div 400 of Chapter 10 Crimes Act 1914 (Cth) - s 20(1)(b)

R v Z [2006] NSWCCA 342 R v Wall [2002] NSWCCA 42 Ibbs v The Queen (1987) 163 CLR 447 CASES CITED: R v Hutton [2004] NSWCCA 60 Ansari v R [2007] NSWCCA 204 R v Assi [2006] NSWCCA 257 R v MAK and MSK (2006) 167 A Crim R 159 R v SZ [2007] NSWCCA 19

PARTIES: Regina v Bin Huang Regina v See Hon Siu