Nguyen v R [2012] NSWCCA 152

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v R [2012] NSWCCA 152 Hearing dates: 10 July 2012 Decision date: 18 July 2012 Before: HOEBEN JA; at [1] LATHAM J; at [63] GARLING J; at [64] Decision: Leave to appeal is granted. The appeal is dismissed. Catchwords: CRIMINAL LAW - sentence appeal - offence contrary to s 400.3(2) Criminal Code Act 1995 (Cth) of dealing with $1 million or more, being reckless as to the risk that the money will become an instrument of crime - whether sentence manifestly excessive - $9.9 million dealt with in 23 days - assessment of objective seriousness of offence - extent to which suspicion as to source of funds relevant - relevance of covert features of offence - use of strong subjective case - use of statistics. Legislation Cited: Criminal Code Act 1995 (Cth) - s 400.3(2) Cases Cited: A Ansari v R, H Ansari v R [2007] NSWCCA 204; 70 NSWLR 89 House v King [1936] HCA 40; 55 CLR 499 R v Van Loi Nguyen [2010] NSWCCA 226; 204 A Crim R 246 Regina v Narongchai Saengsai-Or [2004] NSWCCA 108; 147 A Crim R 172 Category: Principal judgment Parties: Thi Thom Dao Nguyen - Applicant Commonwealth - Respondent Crown Representation: Counsel: Mr P Boulten - Applicant Mr CB Craigie SC/Mr S Buchen - Respondent Crown Solicitors: Ly Lawyers - Applicant Commonwealth Director of Public Prosecutions - Respondent Crown File Number(s): 2010/67373 Decision under appeal Date of Decision: 2011-03-04 00:00:00 Before: King SC DCJ File Number(s): 2010/67373