R v Tran

[2022] NSWDC 661

District Court

New South Wales

Medium Neutral Citation:

R v Tran [2022] NSWDC 661

Hearing dates:

27 June 2022

Date of orders:

28 June 2022

Decision date:

28 June 2022

Jurisdiction:

Criminal

Before:

Buscombe DCJ

Decision:

Impose an aggregate term of imprisonment of three years imprisonment, with a non-parole period of one year and ten months. The sentence commences on 16 July 2021 and expires on 15 July 2024. The non-parole period expires on 15 May 2023. N.B: The commencement date was corrected to 16 June 2021 under the Slip rule on 16 December 2022.

Catchwords:

CRIME – Violent offences – Armed robbery – Offensive weapon

SENTENCING – Subjective considerations on sentence – Age of offender

Legislation Cited:

Crimes Act 1914 (NSW), s 94(a), s 97(1), s 249K(1)(a)

Cases Cited:

Bugmy v R [2013] HCA 37 249 CLR 571

Bullock v R [2016] NSWCCA 131

R v Henry [1999] NSWCCA 111

Bullock v R [2016] NSWCCA 131

Millwood v R [2012] NSWCCA 21

Category:

Sentence

Parties:

Office of the Director of Public Prosecutions (ODPP)

Jimmy Tran (Offender)

Representation:

Solicitors:

Mr P Clayton (Crown)

Mr Nashed (Offender)

File Number(s):

2021/00011351
2021/00157920

SENTENCE

Introduction

1. The offender, Mr Jimmy Tran, stands to be sentenced having pleaded guilty to the following offences. Firstly, that on 28 December 2020, at Cabramatta, being armed with an offensive weapon, namely, a knife, he assaulted Adrian Gougiou with intent to rob him. That is an offence under s 97(1) of the Crimes Act and has a maximum penalty of 20 years’ imprisonment.

2. The second offence is that on 13 May 2021, at Belmore, he robbed Kimberley Ngo of certain property, namely one Commonwealth Bank MasterCard, one Western Sydney University student identification card, one Health Care card and a New South Wales learner’s driver’s licence, all of which we're in Ms Ngo’s name. That is an offence under s 94(a) of the Crimes Act and has a maximum penalty of 14 years’ imprisonment.

3. The third offence is that between 16 May 2021 and 31 May 2021, at Sydney, he made unwarranted demands with menaces with the intention of obtaining a financial gain from Kimberley Ngo. That is an offence under s 249K(1)(a) of the Crimes Act and has a maximum penalty of ten years’ imprisonment.

4. None of the offences have an applicable standard non‑parole period. When sentencing the offender on the demand with menaces offence, he acknowledges his guilt of two offences that are on a form 1 and asks that I take those offences into account when I sentence him on that offence. Those two offences are offences of obtain property by deception, where the property was $5,097, and an offence of goods in custody.

The facts

5. The facts are agreed and the following is taken from the agreed facts. In terms of the armed robbery matter, the victim was 20 years of age. At about 2 am on 28 December 2020, the victim used the phone application, Grindr, and he came across a profile for “JLE” and…