SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCR 2016 0034
| AN LANH VO | Applicant |
| v | |
| THE QUEEN | Respondent |
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| JUDGES | REDLICH, BEACH and KAYE JJA |
| WHERE HELD | MELBOURNE |
| DATE OF HEARING | 3 November 2016 |
| DATE OF JUDGMENT | 23 November 2016 |
| MEDIUM NEUTRAL CITATION | [2016] VSCA 278 |
| JUDGMENT APPEALED FROM | DPP v Vo (Unreported, County Court of Victoria, Judge Coish, 4 December 2015) |
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CRIMINAL LAW – Appeal – Sentence – Application for leave to appeal against sentence – Conspiracy to import a commercial quantity of a border controlled drug – Role of offender as principal in conspiracy – Plea of guilty – Sentence of 18 years’ imprisonment on conspiracy count – Whether sentence on count, total effective sentence or non-parole period manifestly excessive – Use of ‘comparable cases’ – Sentence not outside range – Application refused.
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| Appearances: | Counsel | Solicitors |
| For the Applicant | Mr R F Edney | Chris McLennan & Co |
| For the Respondent | Mr L K Crowley | Mr M Pedley, Solicitor for Public Prosecutions (Cth) |
REDLICH JA:
BEACH JA:
KAYE JA:
The applicant pleaded guilty to one charge of dealing with money, to the value of $100,000, or more, reasonably suspected of being the proceeds of crime, contrary to s 400.9(1) of the Criminal Code 1995 (Cth), and one charge of conspiracy to import a commercial quantity of a border controlled drug, contrary to s 11.5(1) and s 307.1(1) of the Criminal Code 1995 (Cth). Following a plea on her behalf, she was sentenced as follows:
Charge
Offence
Max. Penalty
Sentence
1
Deal with money to the value of $100,000 or more reasonably suspected of being the proceeds of crime — s 400.9(1) Criminal Code 1995 (Cth)
3 years’ imprisonment
18 months’ imprisonment
(6 months’ cumulation)
2
Conspiracy to import a commercial quantity of a border controlled drug — ss 11.5(1) and 307.1(1) Criminal Code 1995 (Cth)
Life imprisonment
18 years’ imprisonment
TES
18 years and 6 months’ imprisonment
Pre-Sentence Detention
994 days
Non-Parole Period
13 years
Section 6AAA Declaration 25 years’ imprisonment/20 year non-parole period
The applicant seeks leave to appeal on the ground that the sentence imposed on the conspiracy charge (charge 2), the total effective sentence and the non-parole period are manifestly excessive.
Circumstances of offending
Charge 2 alleged that between 16 August 2012 and 20 March 2013 the applicant and others, including Suky Lieu (‘Lieu’), Van Thi Hong Nguyen (‘Nguyen’) and Thi Quyen Le (‘Le’) conspired to import a commercial quantity of a border controlled drug, namely heroin, into Australia from Vietnam. As part of their conspiracy, heroin was to be imported on an ongoing basis, as and when it was available to the Vietnamese suppliers and sought by Australian buyers. Pursuant to the conspiracy, various importations were planned and carried out, using recruited couriers to bring the drugs into Australia.
Lieu and the applicant were the principal Australian based participants in the conspiracy. As and when required, they would communicate with each other about the placement of ‘orders’ and arrangements for the supply…
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- AGLC
- An Lanh Vo v The Queen [2016] VSCA 278
- Case
- [2016] VSCA 278
- Decision Date
CaseChat Overview and Summary
The court examined whether the sentence imposed for the conspiracy count, the total effective sentence, or the non-parole period was manifestly excessive. The appeal hinged on whether the sentence was outside the range of sentences that could be considered appropriate for comparable cases. The court assessed Vo's role as a principal in the conspiracy, his plea of guilty, and the potential deterrent effect of the sentence. It concluded that the sentence was not manifestly excessive, as it fell within the range of sentences typically imposed for similar offences, considering the offender's role and the totality of the circumstances.
Given the court's determination that the sentence was not manifestly excessive, the application for leave to appeal against the sentence was refused. The court found that the sentence imposed on Vo, the total effective sentence, and the non-parole period were all within the appropriate range for cases of this nature. The appeal did not succeed, and the original sentence was upheld.
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