R v Bui and Tran - [2014] NSWDC 204

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Bui and Tran [2014] NSWDC 204
Hearing dates: 17-21/02/2014
Decision date: 28 May 2014
Jurisdiction: Criminal
Before: S Norrish QC
Decision:
B H Bui - Sentenced to a term of imprisonment 9 years and 2 months with a non parole period of 5 years and 8 months
T A Tran - Sentenced to a term of imprisonment of 4 years with a non parole period of 2 and 4 months years.

Catchwords: CRIMINAL - sentence, supply prohibited drug heroin, not less than commercial quantity, role - supplier, standard non-parole periods, parity.
Legislation Cited: Drug Misuse and Trafficking Act 1985
Crimes (Sentencing Procedure) Act 1999
Cases Cited: Muldrock v R (2011) 244 CLR 120
Markarian v The Queen (2005) 228 CLR 357
R v Postiglione (1997) 189 CLR 292
Lowe v R (1984) 154 CLR 606
Jimmey v R [2010] NSWCCA 60
R v Thomson and Houlton [2000] NSWCCA 309
Morton v R [2014] NSWCCA 8
Borkowski v R [2009] NSWCCA 102
Category: Sentence
Parties: Director of Public Prosecutions
Ba Hai Bui - Offender
Tuan Anh Tran - Offender
Representation: Mr Farmer - Director of Public Prosecutions
Mr Barker QC - Offender Bui
Mr Price - Offender Tran
Director of Public Prosecutions
AXL Legal Criminal - Offender Bui
McWilliams Lawyers - Offender Tran

File Number(s): 2012/247504; 2012/247525

SENTENCE

HIS HONOUR: Ba Hai Bui appears today for sentence in relation to a charge to which he pleaded guilty on indictment that he between 18 July and 9 August 2012 at Sydney in the State of New South Wales supplied a prohibited drug, namely, heroin in an amount not less than the commercial quantity for that drug. This is an offence contrary to s 25(2) Drug Misuse and Trafficking Act 1985. He asks me to take into account in sentencing him for that offence to another offence committed at Bonnyrigg on or about 7 July 2012 of supplying heroin in an amount of 693.4 grams which is not less than a commercial quantity for that particular prohibited drug and this likewise is an offence contrary to s 25(2) Drug Misuse and Trafficking Act.

Tuan Anh Tran also pleaded guilty at the same time as Mr Bui to a charge alleging that he on 8 August 2012 at Sydney in the State of New South Wales knowingly took part in the supply of a prohibited drug, namely, heroin in an amount not less than the commercial quantity for that drug. This is an offence under the same provision.

These pleas of guilty were entered after the accused were arraigned in front of me and a voir dire examination was partially conducted, in respect of an indictment alleging against Mr Bui one charge of supplying not less than the commercial quantity of the drug heroin, which is now reflected in the Form 1, and another charge of supplying between 18 July 2012 and 9 August 2012 a quantity of heroin, namely, 2.449…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Bui and Tran

Details

AGLC: R v Bui and Tran [2014] NSWDC 204
Case: [2014] NSWDC 204
Decision Date: 28 May 2014

CaseChat Overview and Summary

In the case of R v Bui and Tran, the defendants were convicted of supplying a prohibited drug, specifically heroin, in a quantity that was not less than commercial. The case was heard in the Supreme Court of Victoria. Bui was found to have played a more significant role as a supplier compared to Tran. The legal issues before the court were the determination of appropriate sentences and the non-parole periods for both defendants, considering their respective roles in the offence.

The court addressed the issue of sentencing by applying the principle of parity, ensuring that the sentences reflected the defendants' roles and contributions to the offence. The court considered the standard non-parole periods for such offences and adjusted them based on the individual circumstances. For Bui, who had a more substantial role, the court imposed a sentence of 9 years and 2 months, with a non-parole period of 5 years and 8 months. For Tran, who played a lesser role, the court imposed a sentence of 4 years with a non-parole period of 2 years and 4 months.

The reasoning of the court was grounded in the need to balance the gravity of the offence with the individual culpability of each defendant. The court took into account the commercial quantity of the drug supplied and the respective roles of the defendants in the offence. The outcome reflects the court's consideration of the defendants' roles, the seriousness of the crime, and the principles of justice in determining appropriate sentences and non-parole periods.

Orders

Orders of the court

B H Bui - Sentenced to a term of imprisonment 9 years and 2 months with a non parole period of 5 years and 8 months

T A Tran - Sentenced to a term of imprisonment of 4 years with a non parole period of 2 and 4 months years.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Bui and Tran [2014] NSWDC 204
Hearing dates:	17-21/02/2014
Decision date:	28 May 2014
Jurisdiction:	Criminal
Before:	S Norrish QC
Decision:	B H Bui - Sentenced to a term of imprisonment 9 years and 2 months with a non parole period of 5 years and 8 months T A Tran - Sentenced to a term of imprisonment of 4 years with a non parole period of 2 and 4 months years.
Catchwords:	CRIMINAL - sentence, supply prohibited drug heroin, not less than commercial quantity, role - supplier, standard non-parole periods, parity.
Legislation Cited:	Drug Misuse and Trafficking Act 1985 Crimes (Sentencing Procedure) Act 1999
Cases Cited:	Muldrock v R (2011) 244 CLR 120 Markarian v The Queen (2005) 228 CLR 357 R v Postiglione (1997) 189 CLR 292 Lowe v R (1984) 154 CLR 606 Jimmey v R [2010] NSWCCA 60 R v Thomson and Houlton [2000] NSWCCA 309 Morton v R [2014] NSWCCA 8 Borkowski v R [2009] NSWCCA 102
Category:	Sentence
Parties:	Director of Public Prosecutions Ba Hai Bui - Offender Tuan Anh Tran - Offender
Representation:	Mr Farmer - Director of Public Prosecutions Mr Barker QC - Offender Bui Mr Price - Offender Tran Director of Public Prosecutions AXL Legal Criminal - Offender Bui McWilliams Lawyers - Offender Tran
File Number(s):	2012/247504; 2012/247525