R v Tran [2019] NSWDC 545

R v Tran [2019] NSWDC 545

The offender was convicted and sentenced to four years and six months' imprisonment with a non-parole period of two years and eight months because, although his role in the attempted possession of the imported 12 kilograms of heroin was in the lower range of objective seriousness and he had strong mitigating factors including an early guilty plea, remorse, no prior convictions, low risk of re-offending and good rehabilitation prospects, the seriousness of the Commonwealth drug offending and the need for general deterrence required full-time custody.

Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Criminal Sentencing / Sentence After Plea of Guilty
Outcome
Offender convicted and sentenced to imprisonment.
Legal Topics
['attempting to Possess a Border Controlled Drug' 'general Deterrence' 'remorse' 'rehabilitation' 'plea of Guilty' 'no Prior Criminal Convictions' 'financial Gain']
['criminal Law' 'sentencing'] ['attempting to Possess a Border Controlled Drug' 'general Deterrence' 'remorse' 'rehabilitation' 'plea of Guilty' 'no Prior Criminal Convictions' 'financial Gain']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess a border-controlled drug, namely heroin, contrary to s 307.5(1) of the Criminal Code (Cth).' "What weight should be given to the offender's early guilty plea, deprived background, remorse, rehabilitation prospects, lack of prior convictions and role in the importation." 'What weight should be given to general deterrence and the objective seriousness of the offending involving 12 kilograms of heroin.']

Ratio Decidendi

The offender was convicted and sentenced to four years and six months' imprisonment with a non-parole period of two years and eight months because, although his role in the attempted possession of the imported 12 kilograms of heroin was in the lower range of objective seriousness and he had strong mitigating factors including an early guilty plea, remorse, no prior convictions, low risk of re-offending and good rehabilitation prospects, the seriousness of the Commonwealth drug offending and the need for general deterrence required full-time custody.

Court Disposition

Offender convicted and sentenced to imprisonment.

Orders

  • ['The offender is convicted of the offence.' "A sentence of four years and six months' imprisonment is imposed to commence on 29 May 2018." 'A non-parole period of two years and eight months is imposed, expiring on 28 January 2021.']