R v Tran

The Supreme Court of the Australian Capital Territory heard a retrial of the accused, Viet Dung Tran, on charges of murder and intentional wounding. The accused had previously been convicted by a jury on both counts, but his appeal against those convictions was successful, leading to a retrial ordered by the Full Court of the Federal Court. The accused elected to be tried by the judge alone, a decision upheld by the Full Court of the Supreme Court. The judge, Gray J, found the accused not guilty on both charges, concluding that the accused acted in self-defence and that his response to the attack was proportionate to the threat perceived. The judge considered the evidence, including the testimony of witnesses and the circumstances surrounding the incident, to determine that the accused reasonably believed he was defending himself and had grounds to hold that belief. The judge emphasized the importance of considering the whole of the evidence and the accused's predicament when assessing the proportionality of the force used in self-defence.