The judgment in Hayward v R (Cth) [2021] NSWCCA 63 offers insights about the use of fake passports and counterfeit currency
The Offender arrived in Perth on a flight from Abu Dhabi on 25 September 2014. He entered the country using a German passport in his name with his date of birth. The following day he started committing money laundering type offences by exchanging counterfeit euro notes for Australian currency in Western Australia. He facilitated his offending in that regard by opening various bank accounts using a false Spanish passport thereby committing offences contrary to subs 137(2). He then used the accounts to exchange counterfeit euro notes into Australian currency. He committed 13 offences encompassed in counts 1 to 13 on the indictment in Western Australia from 26 September to 8 October 2014.
The day after his arrival in Perth he entered the ANZ bank at Mt Lawley and using a false Spanish passport in the name Juan Sanchez opened an account. He then exchanged four counterfeit euro notes with a face value of €800 for $2,078.60. This gives rise to counts 1 and 2.
On the same day he used the false passport to open an account at the Commonwealth Bank of Australia (CBA) in the same suburb giving rise to count 3.
On the same day he used the same false passport to open an account at the National Australia Bank (NAB) in Morley, Western Australia and then exchanged six counterfeit euro notes with a face value of €1,200 for $1,594.49, giving rise to counts 4 and 5.
Four days later on 30 September he entered the NAB branch at Mt Lawley and, utilising the account in the name of Juan Sanchez that he had opened on the 26th, exchanged 14 counterfeit euro notes with a face value of €2,800 for $3,745.87, giving rise to count 6.
About a week later, the Offender went to the ANZ Bank located in Innaloo Plaza at Innaloo and opened another account this time using a false French passport in the name of Yean Leroux. He then utilised that account to exchange 26 counterfeit euro notes with a face value of €5,200 into $6,975.18, giving rise to count 7 and 8.
The same day he opened another account, this time at the CBA in Innaloo using the same false French passport which gives rise to count 9.
The following day at the CBA Bank located in St George’s Terrace, Perth, and using the CBA account he had opened in the name of Yean Leroux on 7 October at a different branch, he exchanged 10 counterfeit euro notes with a face value of €5,000 for $6,647.13, giving rise to count 10.
On the same day he used the same false French passport to open an account at the NAB branch at Kendenup and then exchange 25 counterfeit euro notes with a face value of €5,000 for $6,642.47, giving rise to counts 11 and 12.
The same day he used the same false French passport to open an account at the St George Bank located in St George’s Terrace Perth, giving rise to count 13.
Subsequent enquiries and investigations revealed that the two individuals named in the false passports that the Offender used in Western Australia never entered Australia and the Australian Immigration entry stamp on each was fraudulent. Apparently a person cannot open a bank account in this country using a foreign passport unless it has an immigration stamp on it.
Over the six transactions in the indictment within counts 1 to 13 the Offender laundered counterfeit euro notes with a face value of €20,000 obtaining $26,683.74.
The Court notes that in addition to the offences on the indictment committed in Western Australia there are nineteen offences on the schedule of receiving a designated service contrary to subs140(1). The Court notes all matters contrary to that subsection on the Schedule relate to either opening a bank account or exchanging currency at a bank and are closely connected to the offences of uttering. In addition, whilst in Western Australia he was involved in 10 further offences of uttering counterfeit money that occurred in that state which involved him uttering counterfeit euro notes with a face value of €30,100, which at the time was equivalent to $46,596.84.
... On 9 October 2014 the Offender flew from Perth to Melbourne. He flew back to Perth on 18 October 2014. Sometime between then and 21 October he travelled to Melbourne by unknown means. He then started committing offences in Victoria using a similar modus operandi to that employed in Western Australia. Over the two days of 21 October and 22 October 2014 he committed 11 offences in Victoria that give rise to counts 14 to 24 on the indictment. It is not necessary to go through the detail of those offences, they can be found in paras 24 to 34 of the facts, exhibit A1. The money laundering that he engaged in in Victoria was facilitated by his opening bank accounts using a false Spanish passport in the name of Miguel Augusto. As with the two passports he used in Western Australia the Australian Immigration Entry stamp on this passport was also fraudulent.
Whilst in Victoria on five separate occasions the Offender exchanged a total of 50 counterfeit euro notes with a face value of €25,000 for $33,822.71.
The Court should note that one offence in Victoria did not follow the pattern established by the other offences in the sense that, although he opened an account by presenting the false Spanish passport at the NAB branch in Chadstone, (count 18) he failed to replicate the signature on the passport and the bank officer refused to complete the transaction and subsequently closed the account.
Whilst in Victoria he was involved in 23 offences contrary to subs 140(1)) and 12 offences of uttering that are on the schedule. The uttering offences involved counterfeit euros with a face value of €63,000 that had an equivalent value of $85,313.
Using his true identity the Offender flew from Melbourne to Adelaide on 26 October 2014. Once in South Australia he committed a further 10 offences reflected by counts 25 to 34 inclusive. He committed those 10 offences over two days, 28 and 29 October 2014, using a false Portuguese passport in the name of Eduardo Durante. As with the other passports the Australian Immigration stamp on this false passport was also false. The modus operandi that he had used to launder money in South Australia was similar to that employed in both Victoria and Western Australia. It is unnecessary to set out the detail of the transactions in South Australia, they can be found at paras 39 to 48 of the facts Exhibit A1.
Over the two days in South Australia on five separate occasions he exchanged 178 counterfeit euros with a face value of €21,800 for $29,187.67.
The Court should note that in para 47 of the facts Exhibit A1 it refers to a Spanish passport in connection with count 3[?] [sic – count 33]. This is an error as the Crown assured the Court that all offences committed in South Australia that are on the indictment were facilitated by the same false Portuguese passport. Defence counsel made no submission to the contrary.
During the same period in South Australia he committed a further 18 offences under subs 140(1)) and a further 12 offences of uttering counterfeit money that are on the schedule. Those uttering offences involved counterfeit euro notes with a face value of €52,700 that have an equivalent value of $70,000. ...
It appears that by unknown means the Offender travelled from Adelaide to Melbourne sometime between 30 October and 1 November. On 1 November 2014 using his true identity the Offender flew from Melbourne to Perth and, on the following day using his German passport, he flew from Perth to Abu Dhabi.
The Offender returned to Australia on 4 January 2015. He flew into Melbourne from Doha using his German passport. He flew to Sydney on 7 January and committed the remaining five offences on the indictment, counts 35 to 39, at Parramatta the following day.
At 11.55am on 8 January 2015 the Offender went to the ANZ bank located in Level 2 of the Westfield Shopping Centre in Parramatta and, using a false Spanish passport and licence, he opened an account in the name of Jose Kamino, giving rise to counts 27 and 28 [sic – counts 37 and 38]. He then deposited 50 counterfeit euro notes with a face value of €10,000 euros into the account giving him a balance $13,655.60. He immediately withdrew $10,000 that gives rise to count 35. He apparently wanted to withdraw the balance from the account and staff directed him to another branch located on level 5 in the same complex.
The Offender then made his way to the ANZ branch located on level 5 in order to withdraw the balance from the account that he had just opened downstairs. Paragraph 58 of the facts Exhibit A1 makes reference to count 39 in the context of his attendance at the branch on level 5 but does not identify the act that constitutes the offence. However, in light of the terms of count 39 and his guilty plea the Court infers that he produced the false Spanish passport in the name of Jose Camino in order to withdraw the $1,355.60 that remained in the account that he had opened at the branch on level 2.
His desire to withdraw all the money he had deposited into the account raised the suspicion of staff who realised that his appearance matched the description of the person who had completed similar transactions involving counterfeit currency. Consequently, staff contacted the police.
When the police arrived, they arrested the Offender who at the time was in possession of a backpack and a bum-bag. Inside the bum bag, the police located a false Spanish passport in name of Jose Kamino and a further 203 counterfeit euros with a face value of at least €6,600. His possession of these counterfeit notes gives rise to the offence count 36. The police also recovered the $10,000 he had withdrawn from the branch downstairs. The Court notes there are two offences of the schedule committed at Parramatta contrary to subs 140(1) that involve opening the bank account and exchanging currency. Following his arrest, the Offender participated in an ERISP interview but, as was his right, chose not to comment on any of the questions the police asked of him.
The Court notes that, when he opened the account on that day, he provided an address of 25 Rush Street, Woollahra. Subsequent inquiries revealed he was not known at that address and had no links to it.”
