R v Tuan Anh TRAN [2011] NSWSC 1480

R v Tuan Anh TRAN [2011] NSWSC 1480

Mr Tran was convicted and sentenced to a head sentence of 20 years' imprisonment with a non-parole period of 15 years because murder is the most serious offence, the offending was slightly above mid-range in objective seriousness and part of planned or organised criminal activity, but his culpability was lower than that of the shooter Mr Christiansen and mitigation arose from his guilty plea, genuine remorse, limited criminal record, youth, family circumstances and good prospects of rehabilitation. The sentence also took account of parity with Mr Christiansen without increasing Mr Tran's sentence beyond what was appropriate.

Jurisdiction
Australia
Judgment Date
02 December 2011
Procedural Posture
Criminal Sentence for Murder / Sentencing After Guilty Plea
Outcome
Tuan Anh Tran was convicted of murder and sentenced to imprisonment for 20 years with a non-parole period of 15 years.
Legal Topics
['murder' 'guilty Plea' 'parity With Co Offender' 'objective Seriousness' 'joint Criminal Enterprise' 'rehabilitation' 'non Parole Period']
['criminal Law' 'sentencing'] ['murder' 'guilty Plea' 'parity With Co Offender' 'objective Seriousness' 'joint Criminal Enterprise' 'rehabilitation' 'non Parole Period']

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Procedural Posture

Criminal Sentence for Murder / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed on Tuan Anh Tran for the murder of Paul Elliott after a guilty plea.' "The objective seriousness of Mr Tran's involvement in the murder, including his role relative to co-offender Michael Christiansen." 'The effect of the guilty plea, subjective circumstances, remorse, rehabilitation prospects and parity with the co-offender on sentence.']

Ratio Decidendi

Mr Tran was convicted and sentenced to a head sentence of 20 years' imprisonment with a non-parole period of 15 years because murder is the most serious offence, the offending was slightly above mid-range in objective seriousness and part of planned or organised criminal activity, but his culpability was lower than that of the shooter Mr Christiansen and mitigation arose from his guilty plea, genuine remorse, limited criminal record, youth, family circumstances and good prospects of rehabilitation. The sentence also took account of parity with Mr Christiansen without increasing Mr Tran's sentence beyond what was appropriate.

Court Disposition

Tuan Anh Tran was convicted of murder and sentenced to imprisonment for 20 years with a non-parole period of 15 years.

Orders

  • ['Tuan Anh Tran is convicted of murder in that on 6 December 2008 at Brighton-Le-Sands in the state of New South Wales he did murder Paul Elliott.' "Sentenced to imprisonment for a non-parole period of 15 years commencing 4 August 2010 and concluding 3 August 2025, the balance of the term being a further five years'...