R v Tran

[1994] QCA 573

[1994] QCA 573

COURT OF APPEAL
MACROSSAN CJ
DAVIES JA

McPHERSON JA

CA No 416 of 1994
THE QUEEN
v.

THAO NGOC TRAN Applicant

BRISBANE
..DATE 23/11/94
THE CHIEF JUSTICE: The applicant, appearing on his own behalf
in this Court, seeks leave to appeal against sentences imposed
below.

The charges involved supplying a dangerous drug which was heroin and there were four counts. The Judge imposed various custodial terms. They were 2 years, 18 months, and 3 years for the different counts. Those sentences were ordered to be served concurrently and the Judge added a recommendation that the applicant be eligible for consideration for parole after serving 12 months.

The heroin involved was of a high degree of purity. The Judge summed-up those details by saying that the total amount of pure heroin that was involved was 2.615 grams - that is, on the first two counts - and the undercover agent with whom the transactions were carried out was paid some $2,300 in respect of those two transactions.

In the next two transactions there was a further amount of pure heroin by weight of point 669 grams involved and some further amount described as half a weight was supplied. The Crown resume to this Court speaks of the total involved as being 3.284 grams and the total police outlay in purchasing the drugs $3,050.

The applicant, when first interviewed, denied the charges but
in the end entered pleas of guilty and was dealt with
accordingly.
The applicant has had a difficult background and life
circumstances. He was born in Vietnam and was at the date of
sentence by the Judge 38 years of age. He had been subjected
at different times of his life to a great deal of trauma and
stress and Dr Peter Mulholland, a forensic psychiatrist, has
provided a report which the sentencing Judge below had the
benefit of and which this Court is also in a position to read.
According to the applicant there was a degree of cooperation
prevailing between himself and the police officers. His
account is that the police, whom he had approached, in the end
asked him to do more than he was willing to do or able safely
to perform and according to his version as provided to
Dr Mulholland he ended up being charged by the police. Some
of the things he says in this connection are at odds with the
version of facts provided to the Court on his plea of guilty

below.

Counsel appearing for Mr Tran before the sentencing Judge
conceded that an appropriate range for custodial terms was
three to four years and reference to other matters dealt with
by the Court would confirm that that concession was not
inappropriately made. The Judge noted the commercial element
that was involved in the offences with which she had to deal
and she specifically took into account the applicant's
excellent work history until overtaken by ill health and his
plea of guilty which she described as a timely one.
Looking then at the sentences which the Judge imposed it
cannot, in my opinion, be accepted that there was anything
manifestly excessive in them or anything which would entitle
this Court to interfere and in my submission the application
should be refused.

DAVIES JA: I agree.

McPHERSON JA: I agree.

THE CHIEF JUSTICE: Mr Tran, the Court feels it cannot do anything for you looking at the facts and it has refused your application.

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