R v Guo; R v Qian [2010] NSWCCA 170

Reported Decision: 201 A Crim R 403

New South Wales Court of Criminal Appeal

CITATION: R v Guo; R v Qian [2010] NSWCCA 170

HEARING DATE(S): 7 July 2010

JUDGMENT DATE: 5 August 2010

JUDGMENT OF: Beazley JA at 1; Kirby J at 2; Johnson J at 3

DECISION: 1. Crown appeal allowed with respect to sentence imposed upon Yun Lin Guo at the Parramatta District Court on 6 October 2009. The sentence imposed on 6 October 2009 is quashed and, in its place, Yun Lin Guo is sentenced to imprisonment for three years and 10 months commencing on 16 October 2009 and expiring on 15 August 2013, with a non-parole period of two years and five months commencing on 16 October 2009 and expiring on 15 March 2012. 2. Crown appeal allowed with respect to sentence imposed on Jin Hua Qian at the Parramatta District Court on 2 October 2009. The sentence imposed on Jin Hua Qian, on 2 October 2009 is quashed and, in its place, Jin Hua Qian is sentenced to imprisonment for two years and seven months commencing on 9 October 2009 and expiring on 8 May 2012, with Jin Hua Qian to be released on 16 June 2011 on a recognizance release order himself in the sum of $200.00.

CATCHWORDS: CRIMINAL LAW - sentence - Crown appeals - one offender pleads guilty to recklessly dealing in proceeds of crime contrary to s.400.4(2) Criminal Code Act 1995 (Cth) - second offender pleads guilty to conducting transactions so as to avoid reporting requirements under s.31(1) Financial Transaction Reports Act 1988 (Cth) - sentence of imprisonment by way of periodic detention imposed in each case - claim by Crown that sentences were manifestly inadequate - offenders involved in elaborate and sophisticated scheme using phantom companies - avoidance of tax and exploitation of workers - sentencing principles applicable to money laundering offences and finance reporting offences - importance of general deterrence - offences involved significant degree of social harm - objectively serious s.400.4(2) offence - objectively serious s.31(1) offence - subjective circumstances of offenders not to outweigh need for sentences reflecting objective seriousness of offences and strong element of general deterrence - significant sentence of full-time imprisonment required in each case - sentences held to be manifestly inadequate - offenders resentenced