SUPREME COURT OF VICTORIA
COURT OF APPEAL
No. 342 of 2005
| THE QUEEN v. MARTIN TRAN |
| No. 339 of 2005 |
| THE QUEEN v. VAN NHAN TRAN |
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JUDGES: | WARREN, C.J., NETTLE and REDLICH, JJ.A. | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 14 September 2006 | |
DATE OF JUDGMENT: | 19 October 2006 | |
MEDIUM NEUTRAL CITATION: | [2006] VSCA 222 | 1st Revision 17 November 2006 |
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CRIMINAL LAW – Sentencing – Appellants pleaded guilty to trafficking in a drug of dependence – Parity – Respective roles of appellants in trafficking network – Whether mitigating factors of delay, guilty pleas and ill health adequately taken into account – Whether non-parole periods for drug trafficking offences unusual or excessive – Whether undue delay – Complexity of investigation – Whether principle of totality given effect where second appellant committed further offences whilst on bail – Appeals dismissed.
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| APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mrs C.M. Quin | Ms A. Cannon, Solicitor for Public Prosecutions |
| For Martin Tran | Mr O.P. Holdenson, Q.C. | Theo Magazis & Associates |
| For Van Nhan Tran | Mr K.J. Doyle | Slades & Parsons |
WARREN, C.J.:
For the reasons stated by Redlich, J.A., I agree that both appeals should be dismissed.
NETTLE, J.A.:
I agree with Redlich, J.A. that the appeals should be dismissed.
REDLICH, J.A.:
The appellants were both sentenced for drug trafficking offences in the County Court on 11 November 2005. They had been involved in a drug trafficking network which predominantly involved trafficking in heroin. The appellants now appeal against the sentences imposed upon them having been granted leave to do so on 7 April 2006.
The first appellant, Martin Tran, who turned 36 years of age during the period of his offending, pleaded guilty on 11 October 2005 to one count of trafficking in a drug of dependence, namely heroin, between 17 August and 1 November 2002. A plea in mitigation was heard on 31 October and 7 and 8 November 2005. He was sentenced to six years’ imprisonment with a non-parole period of four-and-a-half years. It was not in issue that he had traded in 490 gm of a mixed substance containing heroin during the period alleged.
The second appellant, Van Tran, who was about 47 years of age at the time of his offending, pleaded guilty on 30 September 2005 to one count of trafficking in a drug of dependence, namely heroin, and to one count of trafficking in a drug of dependence, namely crystal methylamphetamine (commonly known as “ice”) between 20 April and 1 November 2002. It was not in issue that Van Tran had trafficked in 351.2 gm of heroin and 8.2 gm of methylamphetamine between those dates. A plea in mitigation was heard on 31 October and 8 November 2005. He was sentenced to five years’ imprisonment with a non-parole period of three-and-a-half years.
Each of the appellants was originally charged with trafficking in a large commercial quantity of heroin. The first appellant was alleged to be the principal supplier of drugs to the second appellant and…
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- AGLC
- R v Tran [2006] VSCA 222
- Case
- [2006] VSCA 222
- Decision Date
CaseChat Overview and Summary
The court found that the sentences imposed were appropriate, taking into account all relevant factors. The appellants' roles in the trafficking network were significant, but the court considered the mitigating factors of delay, guilty pleas, and ill health. The non-parole periods for drug trafficking offences were not deemed unusual or excessive, and the court found that the principle of totality was properly applied, considering the appellant's further offences while on bail. The complexity of the investigation and the need to deter drug trafficking were also considered in the sentencing.
In light of the court's findings, the appeals were dismissed. The sentences imposed by the trial judge were upheld, reflecting the appropriate balance between punishment, deterrence, and the consideration of mitigating factors. The court determined that the trial judge had adequately weighed the various factors and applied the relevant legal principles in arriving at the sentences.
Orders
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Background
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Evidence
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Decision
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