R (Cth) v Tran

[2014] NSWDC 197

District Court

New South Wales

Medium Neutral Citation:	R (Cth) v Tran [2014] NSWDC 197
Hearing dates:	10/07/2014
Decision date:	18 July 2014
Jurisdiction:	Criminal
Before:	S Norrish QC
Decision:	Term of imprisonment of 6 years and 9 months with a non-parole period of 4 years and 4 months.
Catchwords:	Criminal - sentence, import border controlled drug heroin, marketable quantity, role - courier.
Legislation Cited:	Crimes Act 1914 (Cth) Criminal Code
Cases Cited:	Wong v The Queen (2007) 207 CLR 484 De La Rosa v R [2010] NSWCCA 194 Veen (No 2) v The Queen (1988) 164 CLR 465 Lee v R [2006] NSWCCA 136 Hili and Jones v The Queen [2010] HCA 45 Bugmy v The Queen (1990) 169 CLR 525 Power v The Queen (1974) 131 CLR 632 Mirza v R [2007] NSWCCA 257 Huynh v R [2008] NSWCCA 16
Category:	Sentence
Parties:	Director of Public Prosecutions (Cth) Ngoc Huong Tran - offender
Representation:	Director of Public Prosecutions (Cth) Mr B Clark - offender
File Number(s):	2013/00262888

sentence

1. HIS HONOUR: Ngoc Huong Tran appears today for sentence in relation to an offence to which she pleaded guilty at the Magistrate's Court alleging she, on 29 August 2013 at Mascot imported a substance, the substance being a border controlled drug, namely heroin, and the quantity imported being a marketable quantity contrary to s 307.2(1) of the Criminal Code.

1. The prisoner continued her plea of guilty in relation to this offence in this Court. The maximum penalty for the offence is twenty-five years imprisonment and/or a fine of $850,000. I have told the prisoner in advance of details of what the sentence will be. It is always my practice, except in matters of sensitive security circumstances, to tell prisoners in advance what the penalty is.

1. The facts in relation to this matter are on one view of it straight forward and simple and it goes without saying in this jurisdiction at least, that is the New South Wales District Court, the Court sees many cases of a similar nature. The prisoner, who is a native of Vietnam and a citizen of Vietnam, had been a resident in Australia since, as I understand it, approximately 2008 or 2009, not as a "resident" as such but as an accompanying person to her daughter who is studying in Victoria. She travelled from Australia on this occasion to take part in the importation of heroin. The circumstances of her involving herself in this offence on her account are that she developed what could be called a gambling habit shortly after she arrived in Australia, in part out of isolation and loneliness. She developed gambling debts, which ultimately totalled approximately $18,000. She claimed that people that she knew, associated with these gambling debts in order to forgive the debt, either persuaded her, or perhaps pressured her, into agreeing to travel to Vietnam to bring back substances into Australia.

1. The prisoner has not given evidence in this Court. Although I do not reject all the…