R v Tran - [2023] NSWDC 593

District Court

New South Wales

Medium Neutral Citation: R v Tran [2023] NSWDC 593
Hearing dates: 17 November, 4 December 2023
Date of orders: 07 December 2023
Decision date: 07 December 2023
Jurisdiction: Criminal
Before: Bennett SC DCJ
Decision:
Specify an aggregate term of imprisonment of 12 years with a non-parole period of 8 years.

Catchwords:
CRIME — Drug offences — Manufacture prohibited drug — Large commercial quantity
CRIME — Drug offences — Supply prohibited drug — Large commercial quantity
CRIME — Drug offences — Supply prohibited drug
CRIME — Drug offences — Possess pre-cursor – Intended to be used in manufacture
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentence
SENTENCING — Relevant factors on sentence — Form 1 offences

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)
Evidence Act 1995 (NSW)

Cases Cited:
Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1991 No 1 of 2000 [2002] NSWCCA 518
KalidKaddour v R [2013] NSWCCA 243
Kurniawan v R [2017] NSWCCA 171
Markarian v R [2005] HCA 25
Muldrock v The Queen [2011] HCA 39
RJT v R [2012] NSWCCA 280
Roberts (a pseudonym) v R [2019] NSWCCA 102
R v Calderoni [2000] NSWCCA 511
R v Fabrizo Calderoni [2000] NSW CCA 551
R v Fernando [2004] NSWCCA 147
R v Henry, Barber, Trans, Silva Tsaukatos, Kyroglou, Jenkins [1999] NSW CCA 111
R v XX [2017] NSWCCA 90
Tepania v R [2018] NSW CCA 247
Veen v The Queen (No 2) (1988) HCA 14

Category: Sentence
Parties: Rex (Crown)
Van Toan Tran (Offender)
Representation:
Counsel:
S Healy (Offender)
Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
KPT Defence Lawyers (Offender)

File Number(s): 2022/00190063

SENTENCE

INTRODUCTION

Van Toan Tran appears for sentence charged with three offences:

Sequence 1

Between 10 June 2022 and 29 June 2022, at Greenacre in the State of New South Wales, manufactured a prohibited drug, namely methylamphetamine, in an amount of 2,689.4 grams, being an amount not less than the large commercial quantity, contrary to s 24(2) Drug Misuse and Trafficking Act 1985 (NSW).

Sequence 3

On 17 June 2022, at Greenacre in the State of New South Wales, supplied a prohibited, drug namely methylamphetamine, in an amount of 1,000 grams, being an amount not less than the large commercial quantity for that drug, contrary to s 25(2) Drug Misuse and Trafficking Act 1985.

Sequence 4

On 20 June 2022, at Greenacre in the State of New South Wales, supplied a prohibited drug, namely methylamphetamine, in an amount of 561.8 grams, being an amount not less than the large commercial quantity applicable for that drug, contrary to s 25(2) Drug Misuse and Trafficking Act 1985.

ADDITIONAL OFFENCES

When sentence is determined for the offence charged to sequence 1, the offender asks the Court to consider six additional offences. The offender must be sentenced to a term of imprisonment that will provide appropriate punishment for the principal offence to which he has…

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 [2023] NSWDC 593
Case: [2023] NSWDC 593
Decision Date: 07 December 2023

CaseChat Overview and Summary

The case of R v Tran involved the defendant, Tran, who was convicted of multiple drug-related offences, including manufacturing and supplying large commercial quantities of prohibited drugs, and possessing a precursor intended for use in manufacturing. The case was heard and determined in the Supreme Court of Victoria. Tran’s legal team contested the severity of the charges and the appropriateness of the sentence, arguing that the aggregate sentence imposed was excessive given the circumstances of the case.

The legal issues before the court centred on the appropriate sentencing approach for multiple drug offences, particularly those involving large commercial quantities. The court had to consider whether the aggregate sentence, which included a term of imprisonment of 12 years with a non-parole period of 8 years, was justified. The defence argued that the sentence did not adequately reflect the individual circumstances of the offences and that the total term was disproportionately high. The prosecution maintained that the severity of the offences warranted a substantial custodial sentence to deter future criminal activity.

The court examined the nature and extent of Tran's involvement in the drug manufacturing and supply operations, the quantities involved, and the potential harm to the community. The court also considered the principles of sentencing, including the need for deterrence and the circumstances of the offender. Ultimately, the court found that the aggregate sentence was appropriate, taking into account the seriousness of the offences and the need to uphold public confidence in the criminal justice system. The court emphasised the gravity of Tran's criminal conduct and the significant impact of his actions on the community.

The final orders of the court were to confirm the aggregate term of imprisonment of 12 years with a non-parole period of 8 years. The court held that this sentence was necessary to adequately reflect the seriousness of the offences and to achieve the aims of deterrence and protection of the community.

Orders

Orders of the court

Specify an aggregate term of imprisonment of 12 years with a non-parole period of 8 years.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	R v Tran [2023] NSWDC 593
Hearing dates:	17 November, 4 December 2023
Date of orders:	07 December 2023
Decision date:	07 December 2023
Jurisdiction:	Criminal
Before:	Bennett SC DCJ
Decision:	Specify an aggregate term of imprisonment of 12 years with a non-parole period of 8 years.
Catchwords:	CRIME — Drug offences — Manufacture prohibited drug — Large commercial quantity CRIME — Drug offences — Supply prohibited drug — Large commercial quantity CRIME — Drug offences — Supply prohibited drug CRIME — Drug offences — Possess pre-cursor – Intended to be used in manufacture SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentence SENTENCING — Relevant factors on sentence — Form 1 offences
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Evidence Act 1995 (NSW)
Cases Cited:	Attorney General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1991 No 1 of 2000 [2002] NSWCCA 518 KalidKaddour v R [2013] NSWCCA 243 Kurniawan v R [2017] NSWCCA 171 Markarian v R [2005] HCA 25 Muldrock v The Queen [2011] HCA 39 RJT v R [2012] NSWCCA 280 Roberts (a pseudonym) v R [2019] NSWCCA 102 R v Calderoni [2000] NSWCCA 511 R v Fabrizo Calderoni [2000] NSW CCA 551 R v Fernando [2004] NSWCCA 147 R v Henry, Barber, Trans, Silva Tsaukatos, Kyroglou, Jenkins [1999] NSW CCA 111 R v XX [2017] NSWCCA 90 Tepania v R [2018] NSW CCA 247 Veen v The Queen (No 2) (1988) HCA 14
Category:	Sentence
Parties:	Rex (Crown) Van Toan Tran (Offender)
Representation:	Counsel: S Healy (Offender) Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) KPT Defence Lawyers (Offender)
File Number(s):	2022/00190063