Tran v R

Tran was convicted of murder and appealed against his sentence. The appeal was brought before the High Court of Australia. The primary issue before the Court was whether the primary judge had erred in finding that the offence was in the middle range of objective seriousness. An additional concern was whether the Court should consider the objective gravity of the offence on re-sentencing.

The Court found that the primary judge had erred in finding that the offence was committed in company as an aggravating factor, which was not permissible under the sentencing principles. The Court considered the objective gravity of the offence on re-sentencing and found that the offence was below mid-range. The Court also noted that the offender's culpability was less than high, and that the offender had shown genuine remorse. The Court allowed the appeal and ordered a re-sentencing hearing before a different judge.