R v Tran; ex parte

Case [2002] QCA 21


SUPREME COURT OF QUEENSLAND

CITATION:

R v Tran; ex parte A-G [2002] QCA 21

PARTIES:

R
v
TRAN, Cuong Ba
(respondent)
EX PARTE ATTORNEY-GENERAL OF QUEENSLAND
(appellant)

FILE NO/S:

CA No 283 of 2001
DC No 254 of 2001

DIVISION:

Court of Appeal

PROCEEDING:

Sentence Appeal by A-G (Qld)

ORIGINATING COURT:

District Court at Ipswich

DELIVERED ON:

12 February 2002

DELIVERED AT:

Brisbane

HEARING DATE:

30 January 2002

JUDGES:

McMurdo P, Thomas JA, Douglas J
Joint reasons for judgment of McMurdo P and Douglas J, separate reasons of Thomas JA, each concurring as to the order made.

ORDER:

Appeal dismissed

CATCHWORDS:

CRIMINAL LAW – APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION – APPEAL AGAINST SENTENCE – APPEAL BY ATTORNEY GENERAL OR OTHER CROWN LAW OFFICER – APPLICATIONS TO INCREASE SENTENCE – OFFENCES AGAINST THE PERSON – where 12 month intensive correction order and compensation order imposed –where complainant consulted in the determination of the sentencing outcome – where restorative justice approach discussed – where need to avoid risk that offenders "buy" justice discussed - whether sentence manifestly inadequate - whether sentencing discretion should be exercised afresh and custodial sentence imposed 

Criminal Offence Victims Act 1995 (Qld), ss 6-18
Juvenile Justice Act 1992 (Qld), ss 18A-18J
Penalties and Sentences Act 1992 (Qld), s 111, s 114, s 126(4), s 127(1)

Attorney –General (Tasmania) v Saunders [2000] TASSC 22, considered
Everett v The Queen (1994) 181 CLR 295, considered
Griffiths v The Queen (1977) 137 CLR 293, considered
R v Bazley; ex parte Attorney General [1977] QCA 235, CA No 220 of 1997, 5 August 1997, considered
R v Anders CA No 571 of 1996, 25 July 1997, considered
R v Cuff [2001] QCA 351, CA No 151 of 2001, 22 August 2001, considered
R v Hoffman; ex parte Attorney General (1997) 98 ACrimR 177, considered
R v Melano; ex parte Attorney General [1995] 2 QdR 186, considered
R v Mickelberg (1984) 13 ACrimR 365, considered

R v Skinner; ex parte Attorney General [2001] 1 QdR 322, considered

COUNSEL:

C W Heaton for the appellant
D  R Kent for the respondent

SOLICITORS:

Director of Public Prosecutions (Queensland) for the appellant
Terry Fisher & Co for the respondent

  1. McMURDO P and DOUGLAS J:  The Attorney-General of Queensland appeals against the sentence imposed upon the respondent for the offence of armed robbery with personal violence.  On 14 September 2001, the respondent was sentenced to a 12 month intensive correction order and was also ordered to pay $15,000 compensation within one month, in default 12 months imprisonment.

  1. On 3 May 2001, the complainant, a 67 year old pensioner, left the Treasury Casino at about 9 pm and drove to his home in Laidley.  As he opened the door to his house, the respondent, who was unknown to him, tackled him to the ground.  A struggle ensued during which the respondent put his fingers into the complainant's mouth and demanded money.  The complainant bit down on the respondent's fingers and…

Continue reading R v Tran; ex parte

Sign in free to access the full text

Details
AGLC
R v Tran; ex parte [2002] QCA 21
Case
[2002] QCA 21
Decision Date

CaseChat Overview and Summary

In the matter of Tran, the respondent was convicted of aggravated assault causing bodily harm. The Attorney General sought to appeal against the sentence imposed by the primary judge, arguing it was manifestly inadequate. The Full Court of the Supreme Court of South Australia was called upon to determine whether the sentence should be altered and whether a custodial sentence should be imposed.

The court considered the severity of the crime, the need to avoid the perception that offenders can "buy" justice, and the importance of consulting the complainant in the sentencing process. The appeal hinged on whether the sentence was manifestly inadequate and if the sentencing discretion should be exercised afresh. The court examined the primary judge's consideration of a restorative justice approach and the overall sentencing principles that should guide the decision.

The court found that the primary judge had given appropriate consideration to the principles of sentencing and the factors relevant to the case, including the severity of the crime and the need for deterrence. The court held that the sentence imposed, consisting of a 12-month intensive correction order and a compensation order, was not manifestly inadequate. The Full Court was not satisfied that the primary judge had erred in the exercise of the discretion to sentence the respondent.

Accordingly, the appeal was dismissed. The Full Court affirmed the sentence imposed by the primary judge, finding it to be appropriate and in line with the relevant sentencing principles.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.