Lin v R [2015] NSWCCA 204

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lin v R [2015] NSWCCA 204 Hearing dates: 21 April 2015 Decision date: 03 August 2015 Before: Simpson J at [1]; R A Hulme J at [30]; Bellew J at [31] Decision: (1) Leave granted to appeal;

(2) Appeal dismissed. Catchwords: CRIMINAL LAW - Criminal Code (Cth), s 400.9 - money laundering - notice of motion seeking indictment be stayed or quashed - motion dismissed - application for leave to appeal, Criminal Appeal Act 1912 (NSW), s 5F(3)(a) - dealing with money or other property reasonably suspected to be proceeds of crime - whether indictment defective without identification of class of indictable offences from which money is reasonably suspected of being proceeds - purpose of sub-s (2) - specifies various kinds of conduct proof of which is sufficient to satisfy s 400.9(1), Criminal Code (Cth) - expands operation of sub-s (1) - leave granted - appeal dismissed Legislation Cited: Crimes Act 1914 (Cth), s 4G Criminal Appeal Act 1912 (NSW), s 5F(3)(a) Criminal Code (Cth), s 4.1, s 400.2, s 400.3, s 400.4, s 400.5, s 400.6, s 400.7, s 400.8, s 400.9, s 400.13 Financial Transactions Reports Act 1988 (Cth), s 31 Cases Cited: Ansari v R [2007] NSWCCA 204; 70 NSWLR 89 Chen v Director of Public Prosecutions (Cth) [2011] NSWCCA 205; 83 NSWLR 224 Category: Principal judgment Parties: Heng-Sheng Lin (Applicant) Regina (Respondent) Representation: Counsel: G James QC/P Lange (Applicant) R J Bromwich SC/K Ginges (Respondent)