TRINH -v- THE QUEEN [2013] WASCA 258
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2013] WASCA 258 | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACR:112/2013 | 7 AUGUST 2013 | |
| Coram: | MAZZA JA HALL J | 8/11/13 | |
| 10 | Judgment Part: | 1 of 1 | |
| Result: | Leave to appeal on grounds 1 and 2 refused Appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | NGA THI TRINH THE QUEEN |
Catchwords: | Criminal law Application for leave to appeal against sentence Importing a marketable quantity of heroin Manifest excess Parity |
Legislation: | Criminal Code (Cth), s 307.2(1) |
Case References: | Govindaraju v The Queen [2011] NSWCCA 255 Kuti v The Queen [2012] NSWCCA 43 Lindsay v The Queen [2012] NSWCCA 124 MGM v The State of Western Australia [2012] WASCA 24 Morcom v The State of Western Australia [2013] WASCA 31 R v Nikolovska [2010] NSWCCA 169; (2010) 209 A Crim R 218 Thuong Nguyen v The Queen [2012] NSWCCA 184 Wilson v The State of Western Australia [2010] WASCA 82 Younan v The Queen [2012] NSWCCA 155 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : TRINH -v- THE QUEEN [2013] WASCA 258 CORAM : MAZZA JA
- HALL J
- Appellant
AND
THE QUEEN
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram : STEVENSON DCJ
File No : IND 1499 of 2011
Catchwords:
Criminal law - Application for leave to appeal against sentence - Importing a marketable quantity of heroin - Manifest excess - Parity
Legislation:
Criminal Code (Cth), s 307.2(1)
Result:
Leave to appeal on grounds 1 and 2 refused
Appeal dismissed
Category: B
Representation:
Counsel:
Appellant : Ms A Rogers
Respondent : No appearance
Solicitors:
Appellant : Abigail Rogers Barristers & Solicitors
Respondent : Director of Public Prosecutions (Cth)
Case(s) referred to in judgment(s):
Govindaraju v The Queen [2011] NSWCCA 255
Kuti v The Queen [2012] NSWCCA 43
Lindsay v The Queen [2012] NSWCCA 124
MGM v The State of Western Australia [2012] WASCA 24
Morcom v The State of Western Australia [2013] WASCA 31
R v Nikolovska [2010] NSWCCA 169; (2010) 209 A Crim R 218
Thuong Nguyen v The Queen [2012] NSWCCA 184
Wilson v The State of Western Australia [2010] WASCA 82
Younan v The Queen [2012] NSWCCA 155
1 MAZZA JA: This is an application for leave to appeal against sentence. The appeal notice was filed three days out of time. I would grant an extension of time.
2 The appellant and her co-accused, Van Tong Lam and Thi Nhanh Le, were convicted after a trial by jury of importing a marketable quantity of heroin contrary to s 307.2(1) of the Criminal Code (Cth). At the time of the offending, the maximum penalty for this offence was 25 years' imprisonment or a fine of $550,000 or both.
The facts
3
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- TRINH -v- THE QUEEN [2013] WASCA 258
- Case
- [2013] WASCA 258
- Decision Date
CaseChat Overview and Summary
The court examined the principles of sentencing, particularly focusing on whether the sentence was manifestly excessive and whether it failed to achieve parity with other cases. The court found that the sentence was not manifestly excessive as it was within the range of sentences typically imposed for such offences and took into account the appellant's personal circumstances. Regarding parity, the court determined that the sentence was appropriate given the totality of the circumstances and the gravity of the offence. The court held that the sentence did not fail to achieve parity with other cases involving similar offences.
Consequently, the court refused the appellant's application for leave to appeal against the sentence on the grounds of manifest excess and parity. The appeal was dismissed, and the original sentence remained in place.
Orders
Orders of the court
Leave to appeal on grounds 1 and 2 refused
Appeal dismissed
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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