Chen v R [2009] NSWCCA 66

New South Wales Court of Criminal Appeal

CITATION: Chen v R [2009] NSWCCA 66

HEARING DATE(S): 03/03/2009

JUDGMENT DATE: 17 March 2009

JUDGMENT OF: Beazley JA at 1; Blanch J at 2; Howie J at 3

DECISION: Leave to appeal is granted but the appeal is dismissed.

CATCHWORDS: Criminal law - Sentencing - Money Laundering - whether breach of De Simoni principle - relevance of assistance of no value.

LEGISLATION CITED: Criminal Code (Cth) - ss 11.5(1), 400.3(1), 400.3(2)

CATEGORY: Principal judgment

De Simoni v The Queen (1981) 147 CLR 383 CASES CITED : Ansari v R [2007] NSWCCA 204 R v Huang and Siu [2007] NSWCCA 259

PARTIES: Jian Hua CHEN v REGINA

FILE NUMBER(S): CCA 2007/00003753

COUNSEL: L K Crowley - Crown T Gartelmann - Applicant

SOLICITORS: Commonwealth DPP - Crown The Law Practice - Applicant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/11/0205

LOWER COURT JUDICIAL OFFICER: Marien DCJ

LOWER COURT DATE OF DECISION: 11/08/2007

IN THE COURT OF CRIMINAL APPEAL 2007/00003753

BEAZLEY JA BLANCH J HOWIE J

TUESDAY 17 MARCH 2009 Jian Hua CHEN v R Judgment 1 BEAZLEY JA: I agree with Howie J. 2 BLANCH J: I agree with Howie J. 3 HOWIE J: The applicant pleaded guilty in the Local Court to an offence of conspiring to deal with money to the value of $1,000,000 or more being the proceeds of crime reckless as to the fact that the money was the proceeds of crime. This is an offence contrary to s 11.5(1) and s 400.3(2) of the Criminal Code (Cth). The maximum penalty prescribed for the offence is imprisonment for 12 years. The applicant adhered to his plea before the District Court and was sentenced by Marien DCJ (the Judge) to imprisonment for six years with a non-parole period of 3 years and 7 months. The applicant is eligible to be released to parole on 8 July 2010. 4 There were initially three grounds of appeal filed. Two further grounds were added later but one of those grounds, Ground 4, was withdrawn shortly before the hearing of the application.