R v Tran & Tran

This matter concerned appeals by the Crown against sentences imposed on the respondents, Tran and Tran, who had been convicted of drug trafficking offences. The appeals were heard by Gray, Sulan, and David JJ in the appellate court.

The primary legal issues before the court were whether the sentencing judge erred in imposing the sentences, and specifically, whether the Crown should be permitted to argue for findings of an ongoing course of criminal conduct that were not made at the original sentencing. The court was also required to consider the relevance of maximum penalties and surrounding circumstances in sentencing.

The court held that earlier sentencing practices and ranges of penalties are of limited relevance when a court imposes sentence, as it must have regard to the maximum penalty set by Parliament. The court rejected the Director's applications to appeal on the basis that findings of an ongoing course of criminal conduct should now be made, noting that no such submissions were made to the sentencing judge. The defendants were to be sentenced only for the offences charged and not on the basis of aggravated criminal conduct. However, the court affirmed that it was entitled to consider the circumstances surrounding the offending, such as suggested involvement in heroin beyond the single transaction, when assessing personal deterrence, rehabilitation, and community protection. These circumstances formed the context of the offending. The court found no basis to suggest the sentencing judge failed to consider this context and concluded the sentences imposed, while merciful, were within the judge's discretion.

Consequently, the appeals were dismissed, and permission to appeal was refused.