THE QUEEN v VIET DUNG TRAN
[2003] ACTSC 53 (27 June 2003)
CRIMINAL LAW – trial by judge – murder – intentionally wound – self defence – whether accused believed that his actions were necessary in order to defend himself and that he had reasonable grounds to hold that belief.
EVIDENCE – hostile witness – prior inconsistent statement – Evidence Act 1995, ss 38, 60.
EVIDENCE – availability of witness – whether all reasonable steps had been taken to secure attendance of a witness - Evidence Act 1995, s 65.
EVIDENCE – availability of witness – whether witness not competent to give evidence about fact - Evidence Act 1995, s 65
Supreme Court Act 1933 (ACT), s 68C
Crimes Act 1900 (ACT), s 13
Evidence Act 1995 (Cth), ss 13, 65, 67, 135-147, 192, cl 4 Part 2 of the Dictionary
R v Tran (2000) 118 A Crim R 218
R v Tran (2002) 130 A Crim R 385
Zecevic v Director of Public Prosecutions (Victoria) (1987) 162 CLR 645
R v Nguyen (1995) 36 NSWLR 397
Adam v The Queen (2001) 207 CLR 96
Glen William Conlon (1993) 69 A Crim R 92
Report on Evidence, ALRC Report No 26 Vol 1 par 239, 242
No SCC 185 of 1999
Judge: Gray J
Supreme Court of the ACT
Date: 27 June 2003
IN THE SUPREME COURT OF THE )
) No SC 185 of 1999
AUSTRALIAN CAPITAL TERRITORY )
THE QUEEN
v
VIET DUNG TRAN
ORDER
Judge: Gray J
Date: 27 June 2003
Place: Canberra
THE COURT FINDS:
The accused not guilty in respect of both charges contained in the indictment.
The accused was tried before me on two counts. First, that on the 6th day of April 1999 at Canberra in the Australian Capital Territory he murdered Thien Thanh Phan. Secondly, that on the 6th day of April 1999 at Canberra he intentionally wounded Rong Feng Su. The accused had previously been tried and convicted by a jury of these charges on 1 March 2000. His appeal against those convictions was successful and on 22 December 2000 the Full Court of the Federal Court ordered a retrial (R v Tran (2000) 118 A Crim R 218).
On this retrial the accused has elected to be tried by Judge alone. The Full Court of this Supreme Court has held that election to be lawful and valid (R v Tran (2002) 130 A Crim R 385).
The requirements for trial by judge alone are set out in s 68C of the Supreme Court Act 1933 (ACT). Sitting as a Judge alone I may make any finding that could have been made by a jury as to the guilt of an accused person and any such finding has the same effect as a verdict of a jury. I must include in my judgment the principles of law that I apply and the findings of fact upon which I…
Continue reading R v Tran
Sign in free to access the full text
- AGLC
- R v Tran [2003] ACTSC 53
- Case
- [2003] ACTSC 53
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
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.