R v Tran

Case [2007] QCA 221


SUPREME COURT OF QUEENSLAND

CITATION:

R v Tran [2007] QCA 221

PARTIES:

R
v
TRAN, Anh Kiet
(applicant/appellant)

FILE NO/S:

CA No 8 of 2007
SC No 1034 of 2006

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

13 July 2007

DELIVERED AT:

Brisbane

HEARING DATE:

7 June 2007

JUDGES:

Keane JA, White and Atkinson JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1. Application for leave to appeal granted
2. Appeal allowed
3. Set aside the sentence imposed below
4. Substitute a sentence of 10 years imprisonment with a fixed non-parole period of 5 years

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – GENERAL PRINCIPLES – whether head sentence of 15 years with a non-parole period of 7 years was excessive for a courier who imported heroin into Australia –  whether there should be parity between the Australian States and Territories in sentencing with relation to federal offences

Crimes Act 1914 (Cth), s 16A, s 16G, s 19AB(1)
Criminal Code Act 1995 (Cth), s 307.2
Judiciary Act 1903 (Cth), s 68(2)

Cameron v The Queen (2002) 209 CLR 339, considered
Mohlasedi v The Queen [2006] WASCA 267, considered
R v Bala[2000] QCA 436; CA No 208 of 2000, 20 October 2000, distinguished
R v Bezan [2004] NSWCCA 342, considered
R v Chai; R v Lim[1998] QCA 187; CA No 65 of 1998 and CA No 76 of 1998, 28 May 1998, distinguished
R v Dang [2004] NSWCCA 269, considered
R v Jain [2004] VSCA 30, considered
R v Kaldor [2004] 151 A Crim R 271; [2004] NSWCCA 425, considered
R v Mirzaee [2004] NSWCCA 315, considered
R v Ngui and Tiong (2000) 1 VR 579, considered
R v Sandford [2006] VSCA 110, considered
R v Tee (1994) 61 SASR 501; [1994] SASC 4434, considered
R v Mokbel [2006] VSC 119, considered.
R v Wong and Leung (1999) 108 A Crim R 531, considered
Serrette v The Queen (2000) 118 A Crim R 204; [2000] WASCA 405, considered
Siganto v The Queen (1998) 194 CLR 656, cited
Wong v The Queen (2001) 207 CLR 584, cited

COUNSEL:

AW Moynihan SC for the applicant/appellant
GR Rice for the respondent

SOLICITORS:

Legal Aid Queensland for the applicant/appellant
Commonwealth Director of Public Prosecutions for the respondent

  1. KEANE JA:I agree with the orders proposed by Atkinson J and with her Honour's reasons.  Gratefully accepting her Honour's summary of the circumstances relevant to the sentence imposed on the applicant, I am able to state the reasons for my concurrence with her Honour's views in brief terms.

  1. The learned sentencing judge imposed a sentence upon the applicant which was intended to be consistent with the decisions of this Court in Chai

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Details
AGLC
R v Tran [2007] QCA 221
Case
[2007] QCA 221
Decision Date

CaseChat Overview and Summary

In the matter of the Crown versus Tran, the case was heard before the High Court of Australia. The defendant, Tran, had been convicted of importing heroin into Australia and was sentenced to a head sentence of 15 years with a non-parole period of 7 years. Tran appealed against the sentence, arguing it was excessive and there was no parity between the Australian States and Territories in sentencing for federal offences.

The central legal issue before the court was whether the sentence imposed on Tran was excessive, considering his role as a courier and the need for parity in sentencing across the Australian States and Territories. The court considered the principles of sentencing, the role of the offender, and the need for consistency in sentencing across different jurisdictions.

The High Court found that the sentence imposed on Tran was excessive and did not reflect the appropriate balance between deterrence, retribution, and rehabilitation. The court emphasised the importance of parity in sentencing for federal offences and acknowledged the need for consistency across the Australian States and Territories. The court also noted that Tran's role as a courier was a mitigating factor, and a lesser sentence would have been appropriate. The appeal was allowed, and the sentence was set aside. The High Court substituted a sentence of 10 years imprisonment with a fixed non-parole period of 5 years.

Orders

Orders of the court

1. Application for leave to appeal granted

2. Appeal allowed

3. Set aside the sentence imposed below

4. Substitute a sentence of 10 years imprisonment with a fixed non-parole period of 5 years

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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