SUPREME COURT OF QUEENSLAND
CITATION:
R v Tran [2006] QCA 174
PARTIES:
R
v
TRAN, Hoang Thang
aka
TRAN, Thanh Hoang(applicant)
FILE NO/S:
CA No 60 of 2006
SC No 714 of 2004DIVISION:
Court of Appeal
PROCEEDING:
Sentence Application
ORIGINATING
COURT:Supreme Court at Brisbane
DELIVERED ON:
26 May 2006
DELIVERED AT:
Brisbane
HEARING DATE:
8 May 2006
JUDGES:
McMurdo P, White and Philippides JJ
Separate reasons for judgment of each member of the Court, each concurring as to the order made
ORDER:
Application for leave to appeal against sentence refused
CATCHWORDS: CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AND NEW TRIAL – APPEAL AGAINST SENTENCE – APPEAL BY CONVICTED PERSONS – APPLICATIONS TO REDUCE SENTENCE – WHEN REFUSED – GENERALLY – where applicant pleaded guilty to trafficking in the dangerous drug heroin – where the sentencing judge imposed a sentence of twelve years imprisonment – where the sentence attracted a mandatory declaration of a serious violent offence under Part 9A of the Penalties and Sentences Act 1992 (Qld) – whether sentence was manifestly excessive – whether too much weight was placed on previous conviction
Penalties and Sentences Act 1992 (Qld), Pt 9A
R v Bradforth [2003] QCA 183; CA No 423 of 2002, 9 May 2003, considered
R v Kashton [2005] QCA 70; CA No 416 of 2004, 17 March 2005, considered
R v Le [2002] QCA 17; CA No 238 of 2001, 6 February 2002, considered
R v Matasaru [2000] QCA 246; CA No 24 of 2000, 19 June 2000; [2004] QCA 404; CA No 168 of 2004, 29 October 2004, considered
R v Nguyen [1999] QCA 258; CA No 151 of 1999, 9 July 1999, considered
R v Popa [2002] QCA 252; CA No 65 of 2002, 22 July 2002, considered
R v Raciti [2004] QCA 359; CA No 229 of 2004, 29 September 2004, considered
R v Truong and Nguyen [2001] QCA 98; CA Nos 278 and 308 of 2000, 15 March 2001, consideredCOUNSEL:
C J Callaghan for the applicant
M J Copley for the respondent
SOLICITORS:
Callaghan Lawyers for the applicant
Director of Public Prosecutions (Queensland) for the respondent
McMURDO P: The application for leave to appeal against sentence should be refused for the reasons given by Philippides J.
WHITE J: I have read the reasons for judgment of Philippides J and agree with her Honour for the reasons that she gives that the application for leave to appeal against sentence should be refused.
PHILIPPIDES J: The applicant seeks leave to appeal against a sentence of 12 years imprisonment imposed on 7 February 2006, on his plea to a count of trafficking in the dangerous drug heroin between the period from 16 August 2001 and 6 November 2001. The applicant was also sentenced on his plea to two counts of possession of heroin in a quantity exceeding two grams on 21 September 2001 and 5 November…
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- AGLC
- R v Tran [2006] QCA 174
- Case
- [2006] QCA 174
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing, including the need for punishment, deterrence, and rehabilitation, as well as the principle of proportionality. It considered the applicant's criminal history, the nature and circumstances of the offence, and the impact of the sentence on the applicant and society. The court noted that the sentencing judge had provided detailed reasons for the sentence, including the need to deter the applicant and others from engaging in similar criminal activity. The court found that the sentence was not manifestly excessive and that the sentencing judge had appropriately considered the previous conviction.
Having carefully reviewed the sentencing judge's reasons and the principles of sentencing, the Queensland Court of Appeal concluded that the sentence was not manifestly excessive. The court also found that the sentencing judge had not erred in the weight attributed to the previous conviction. The court rejected the applicant's appeal against the sentence, emphasising the importance of the sentencing judge's discretion and the need to maintain public confidence in the criminal justice system.
The final orders of the court were to refuse the application for leave to appeal against the sentence. This decision upholds the sentence imposed by the sentencing judge and reinforces the principle that appeals against sentence should only be successful in cases of manifest excess.
Orders
Orders of the court
Application for leave to appeal against sentence refused
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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