R v Minh Kha Le [2020] NSWDC 89

District Court New South Wales

Medium Neutral Citation: R v Minh Kha Le [2020] NSWDC 89 Hearing dates: 13 March 2020 Date of orders: 26 March 2020 Decision date: 26 March 2020 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Custodial sentence with Recognisance Release Order Catchwords: Concealing possession of proceeds of crime; Commonwealth offence Legislation Cited: Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Cases Cited: Cobiac v Liddy (1969) 119 CLR 257 Commissioner of Taxation v Baffsky (2001) 192 ALR 92 R v Fowler [2003] NSWCCA 321 R v Jiao [2015] NSWCCA 95 R v Lin [2014] NSWCCA 254 Category: Sentence Parties: Director of Public Prosecutions (Cth) Minh Kha Le (Offender) Representation: Counsel: B Stevens (Crown Trial Advocate) G Jones (Offender)

Solicitors: E Hirst (Crown solicitor) File Number(s): 19/60561 Publication restriction: Nil

REMARKS ON SENTENCE 1. On 13 March 2020, the offender pleaded guilty to a charge pursuant to s 400.9(1) of the Criminal Code Act 1995 (Cth) of conceal disposal of money reasonably suspected of being proceeds of crime. The maximum penalty for the offence is imprisonment for 3 years or 180 penalty units ($37,800.00), or both. 2. On 9 March 2020, the offender was to stand trial for an offence pursuant to s 400.9(1) of the Criminal Code Act 1995 (Cth) of deal with money or property reasonably suspected of being proceeds of crime, the value of the money or property being more than $100,000.00 (the "principal offence"). The offender was to be tried with Yen Phi Nguyen on the basis that he jointly possessed a sum of money reasonably suspected as being the proceeds of crime. Following a hearing relating to preliminary issues, the Crown accepted a plea by the offender to the index charge on the basis that he would provide assistance to the prosecuting authority, namely, to make a statement and give evidence in accordance with that statement in the trial of Ms Nguyen. 3. The offender provided a statement, and gave evidence in accordance with his undertaking and Ms Nguyen was subsequently convicted of the principal offence on 17 March 2020.