Cheng v R [2017] NSWCCA 63

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cheng v R [2017] NSWCCA 63 Hearing dates: 22 March 2017 Date of orders: 05 April 2017 Decision date: 05 April 2017 Before: Hoeben CJ at CL at [1] Walton J at [56] Price J at [57] Decision: Appeal dismissed. Catchwords: CRIMINAL LAW – statutory offence – dealing with money with intention money to be instrument of crime – scope of such intention – need for temporal separation between two physical elements of offence – proof of offence – need for instrumental connection between money and relevant indictable offence – temporal separation established – instrumental connection established – appeal dismissed. Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) – ss 5, 6, 10,140 Crimes Act 1914 (Cth) – s 20(1)(b) Criminal Code (Cth) – ss 400, 400.1, 400.2A, 403.3(1)(b)(ii) Financial Transaction Reports Act 1988 (Cth) – s 31 Cases Cited: Chen v Director of Public Prosecutions (Cth) [2011] NSWCCA 205; 83 NSWLR 224 Milne v The Queen [2014] HCA 4; 252 CLR 149 Category: Principal judgment Parties: Benny Zhong Cheng – Appellant Regina – Respondent Crown (Cth) Representation: Counsel: I McLachlan – Appellant WJ Abraham QC/T Muir – Respondent Crown (Cth)

Solicitors: Watsons – Appellant Commonwealth Director of Public Prosecutions – Respondent Crown File Number(s): 2012/301096 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 8 December 2015 Before: Norrish QC DCJ File Number(s): 2012/301096