Fung v R [2018] NSWCCA 216

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Fung v R [2018] NSWCCA 216 Hearing dates: 19 September 2018 Date of orders: 05 October 2018 Decision date: 05 October 2018 Before: White JA at [1]; Price J at [2]; Wilson J at [75] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIME – appeal against sentence - dealing with money in excess of $1,000,000 with the intention it would become an instrument of crime contrary to s 400.3(1) of the Criminal Code –utilitarian considerations not taken into account when allowing a discount for the plea of guilty – re-sentence – sentencing guidance for s 400.3(1) of the Criminal Code – offences on a s 16BA document – whether the applicant's prior criminal history was an aggravating factor – specific deterrence – general deterrence – no lesser sentence warranted Legislation Cited: Crimes Act 1914 (Cth), ss 16A, 16BA Criminal Code 1995 (Cth), ss 372.2, 400.3, 400.9 Cases Cited: Attorney-General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146 Huang v R [2018] NSWCCA 57 Jinde Huang aka Wei Liu v R [2018] NSWCCA 70 Kentwell v R (2014) 252 CLR 601; [2014] HCA 37 Kim v The Queen; Fang v The Queen [2016] VSCA 238 R v Van Lai Nguyen [2010] NSWCCA 226; (2010) 204 A Crim R 246 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Xiao v R (2018) 96 NSWLR 1; [2018] NSWCCA 4 Category: Principal judgment Parties: Siu Ki Raymond Fung (Applicant) Regina (Respondent) Representation: Counsel: P Lange (Applicant) L Fernandez (Respondent)