R v Tran - [2025] NSWDC 394

District Court

New South Wales

Medium Neutral Citation: R v Tran [2025] NSWDC 394
Hearing dates: 5,6,7 May; 6 August 2025
Date of orders: 11 August 2025
Decision date: 11 August 2025
Jurisdiction: Criminal
Before: Sutherland SC DCJ
Decision:
Head sentence of 7 years with a non-parole period of 3 years and 6 months, at [50]

Catchwords:
SENTENCE – Attempting to possess a commercial quantity of an unlawfully imported border controlled substance – Approximately 900g pure methamphetamine – Offender collected consignment – No evidence of earlier involvement with importation – Defence submitted he was not aware of the contents of the consignment – No alternative explanation put before the jury – Guilty verdict following brief jury trial – Offender reported to psychiatrist that he was asked to collect consignment in exchange for gambling money – Previous conviction for cultivating a commercial quantity of a prohibited plant – Offender emigrated to Australia from Vietnam as a young man

Legislation Cited:
Criminal Code (Cth) ss 11, 307

Cases Cited:
Afful v R [2021] NSWCCA 111
R v Boimah [2017] QCA 50
R v Harris [2009] QCA 370
R v Nikolovska (2010) 209 A Crim R 218; [2010] NSWCCA 169
R v Todoroski (2010) 267 ALR 593; [2010] NSWCCA
R v Smith [2016] NSWCCA 75
Tran v R [2010] NSWCCA 72
Wang v The Queen [2017] VSCA 210

Category: Sentence
Parties: Rex (Crown)
Quoc Hoang Tran (Offender)
Representation:
Counsel:
C Akthar (Crown)
B Kennedy (Offender)
Solicitors:
Office of the Director of Public Prosecutions (Cth)(Crown)
Australian Criminal Defence (Offender)

File Number(s): 2023/00163614
Publication restriction: N/A

JUDGMENT

Quoc Hoang Tran appears for sentence in respect of one offence of attempting to possess a commercial quantity of an unlawfully imported border controlled substance, namely methamphetamine, contrary to the provisions s 11.1(1) and 307.5(1) of the Criminal Code (Cth). Such an offence carries a maximum penalty of life imprisonment and/or a fine of 7,500 penalty units.
The offender was found Guilty by a jury following a short two-day trial before me on 6 and 7 May 2025. The factual background is as follows:

FACTUAL BACKGROUND

On 26 March 2023 an air cargo consignment was sent from the United Arab Emirates to Sydney, Australia addressed to a company called Potter Textiles at the Wynyard Business Hub in Carrington Street, Sydney. Wynyard Hub provides a virtual serviced office which companies or businesses can utilise for the receipt of mail, the use of an office for conferences or meetings, as well as receptionist and other services. On 9 April 2023 the consignment arrived at Sydney International Airport and was selected for examination by Australian Border Force officers. The consignment was described as containing eight grease guns. The consignment was x-rayed and as a result of anomalies detected in that x-ray, the consignment was deconstructed. Metal cannister components of the grease guns were found to contain plastic bags of a crystalline substance later analysed as being methamphetamine.
Exhibit 2 at trial were a number of photos depicting the consignment…

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 Tran

Details

AGLC: R v Tran [2025] NSWDC 394
Case: [2025] NSWDC 394
Decision Date: 11 August 2025

CaseChat Overview and Summary

The case of R v Tran involved the defendant, Tran, who was convicted of attempting to possess a commercial quantity of an unlawfully imported border controlled substance, specifically approximately 900 grams of pure methamphetamine. The matter was heard in a court of criminal jurisdiction, where the defendant was found guilty following a brief jury trial. The court was tasked with determining the appropriate sentence for the offence, considering the nature and circumstances of the crime, as well as the defendant's background and prior convictions.

The primary legal issue before the court was the appropriate sentence for Tran, given the severity of the offence and his criminal history. The defence argued that Tran was not aware of the contents of the consignment he was asked to collect, and no alternative explanation was provided to the jury. The court considered the gravity of the offence, the defendant's lack of prior involvement in drug importation, and his previous conviction for cultivating a commercial quantity of a prohibited plant. Additionally, the court took into account Tran's background, including his emigration from Vietnam as a young man.

In reaching its decision, the court carefully weighed the relevant factors and considered the principles of sentencing for serious drug offences. The court noted the significant quantity of the drug involved, the potential harm to the community, and the need for deterrence. While the defence presented arguments regarding Tran's lack of awareness of the consignment's contents, the court found that the evidence was insufficient to accept this defence. Ultimately, the court determined that a head sentence of seven years imprisonment, with a non-parole period of three years and six months, was appropriate.

The court's final orders were that Tran be sentenced to a head sentence of seven years imprisonment, with a non-parole period of three years and six months. This sentence reflects the seriousness of the offence, the need for deterrence, and the consideration of the defendant's background and prior convictions.

Orders

Orders of the court

Head sentence of 7 years with a non-parole period of 3 years and 6 months, at [50]

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 Tran [2025] NSWDC 394
Hearing dates:	5,6,7 May; 6 August 2025
Date of orders:	11 August 2025
Decision date:	11 August 2025
Jurisdiction:	Criminal
Before:	Sutherland SC DCJ
Decision:	Head sentence of 7 years with a non-parole period of 3 years and 6 months, at [50]
Catchwords:	SENTENCE – Attempting to possess a commercial quantity of an unlawfully imported border controlled substance – Approximately 900g pure methamphetamine – Offender collected consignment – No evidence of earlier involvement with importation – Defence submitted he was not aware of the contents of the consignment – No alternative explanation put before the jury – Guilty verdict following brief jury trial – Offender reported to psychiatrist that he was asked to collect consignment in exchange for gambling money – Previous conviction for cultivating a commercial quantity of a prohibited plant – Offender emigrated to Australia from Vietnam as a young man
Legislation Cited:	Criminal Code (Cth) ss 11, 307
Cases Cited:	Afful v R [2021] NSWCCA 111 R v Boimah [2017] QCA 50 R v Harris [2009] QCA 370 R v Nikolovska (2010) 209 A Crim R 218; [2010] NSWCCA 169 R v Todoroski (2010) 267 ALR 593; [2010] NSWCCA R v Smith [2016] NSWCCA 75 Tran v R [2010] NSWCCA 72 Wang v The Queen [2017] VSCA 210
Category:	Sentence
Parties:	Rex (Crown) Quoc Hoang Tran (Offender)
Representation:	Counsel: C Akthar (Crown) B Kennedy (Offender) Solicitors: Office of the Director of Public Prosecutions (Cth)(Crown) Australian Criminal Defence (Offender)
File Number(s):	2023/00163614
Publication restriction:	N/A