CITATION: R v Van Dang TRAN [2007] NSWDC 310 HEARING DATE(S): 07/06/07, 13/07/07, 09/08/07, 17/08/07
JUDGMENT DATE:
17 August 2007EX TEMPORE JUDGMENT DATE: 13 April 2008 JURISDICTION: Criminal JUDGMENT OF: Norrish QC DCJ DECISION: Convicted. Sentenced to a term of imprisonment of 4 years and 6 months. That term to date from 4 June 2006 and expire on 3 December 2010. Non parole for a period of 2 years and 6 months to commence on 4 June 2006 and expire on 3 December 2008. CATCHWORDS: CRIMINAL LAW - Sentence - Proceeds of crime - Currency transfer - Money as instrument of crime - Discount for cooperation LEGISLATION CITED: Crimes Act 1914 (Cth)
Crimes (Sentencing Procedure) Act 1999
Criminal Code Act 1995
Financial Transactions Reports Act 1988
Australian Crime Commission Act 2002CASES CITED: Wong v The Queen (2001) 76 ALJR 79
R v Sukkar [2006] NSWCCA 92
R v Bugeja [2001] NSWCCA 196
R v Z [2006] NSWCCA 342
Ansari & Ansari v R [2007] NSWCCA 204
Savvas v The Queen (1995) 183 CLR 1
Pearce v The Queen (1998) 194 CLR 610
R v Olbrich (1999) 199 CLR 270
Ibbs v The Queen (1987) 163 COR 451
Veen (No 2) v The Queen (1988) 164 CLR 465
The Queen v Way (2004) 60 NSWLR 168
Markarian v The Queen [2005] HCA 25
R v El Hani [2004] NSWCCA 162
R v MF [2003] NSWCCA 195
R v X [2004] NSWCCA 93
R v A [2004] NSWCCA 292
R v Chu (NSWCCA unreported 16/10/98)
R v Paull (1990) 20 NSWLR 427
R v El Karhani (1990) 21 NSWLR 30PARTIES: Regina v Van Dang Tran FILE NUMBER(S): 06/11/0709 COUNSEL: Mr Neil QC - Commonwealth Crown
Mr Grant - Offender
SENTENCE
1 HIS HONOUR: Van Dang Tran appears today for sentence in relation to a charge alleging that he, between 2 July 2005 and 4 June 2006, at Sydney, dealt with money where there was a risk that the money would become an instrument of crime, and was reckless as to the fact that there was a risk it would become an instrument of crime, and at the time of dealing with the value of the money it was $1 million or more. This offence is brought pursuant to s 400.3 (2) Criminal Code Act 1995, and carries a maximum penalty of 12 years imprisonment and/or a fine of $79,200.
2 The prisoner pleaded guilty at the Local Court, albeit after some negotiations as to the correct form of charge. It is conceded by the Crown, however, that the plea was entered at the first reasonable opportunity open to him. Thus the prisoner will receive a discount of 25 percent upon the otherwise appropriate sentence for the utilitarian benefit for the plea of guilty. It being conceded, as I understand it in the Crown’s submissions in this matter, as in a number of other Commonwealth matters, that notwithstanding the High Court decision of Wong v The Queen, it is appropriate…
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- AGLC
- R v Van Dang Tran [2007] NSWDC 310
- Case
- [2007] NSWDC 310
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved determining the appropriate sentence for Tran, considering the proceeds of crime obtained through currency transfers, and assessing the discount for cooperation provided by Tran. The court needed to weigh these factors against the gravity of the offences committed.
The court recognised the seriousness of Tran’s involvement in drug trafficking, but also acknowledged his cooperation with law enforcement. It was noted that Tran had provided substantial assistance, which warranted a reduction in sentence. The court took into account the amount of proceeds involved and the role of money as an instrument of the crime. After considering all the evidence and submissions, the court determined that a sentence of 4 years and 6 months was appropriate, with a non-parole period of 2 years and 6 months.
Orders
Orders of the court
Convicted. Sentenced to a term of imprisonment of 4 years and 6 months. That term to date from 4 June 2006 and expire on 3 December 2010. Non parole for a period of 2 years and 6 months to commence on 4 June 2006 and expire on 3 December 2008.
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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