R v TRAN [2009] NSWSC 1437

R v TRAN [2009] NSWSC 1437

The murder fell generally within the middle range of seriousness. Although the offence was committed in company and the offender had a significant prior record, it was not part of planned or organised criminal activity in the sense of a prior positive intention to stab or kill. The mitigating effect of that was limited because the offender took a knife, initiated the confrontation to extract money, used the knife after resistance and showed no remorse. His drug-induced psychosis had no causal relationship with the killing and did not reduce the need for general deterrence. No special circumstances justified departing from the standard non-parole period or statutory nexus.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Sentence / Remarks on Sentence After Jury Verdict of Guilty of Murder
Outcome
Hoai Vinh Tran was sentenced for the murder of Phuoc Dang to imprisonment with a non-parole period of 20 years and a balance term of 6 years.
Legal Topics
['murder by Stabbing' 'standard Non Parole Period' 'aggravating and Mitigating Factors' 'objective Seriousness' 'previous Convictions' 'remorse' 'mental Health' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder by Stabbing' 'standard Non Parole Period' 'aggravating and Mitigating Factors' 'objective Seriousness' 'previous Convictions' 'remorse' 'mental Health' 'special Circumstances']

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Procedural Posture

Sentence / Remarks on Sentence After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ['Where the offence lay in terms of objective seriousness for murder.' 'Which aggravating and mitigating factors under s 21A of the Crimes (Sentencing Procedure) Act 1999 applied to the offence and the offender.' "Whether the offender's mental condition affected culpability or made him an inappropriate vehicle for general deterrence." 'Whether special circumstances justified departure from the statutory nexus between the non-parole period and the balance of term.']

Ratio Decidendi

The murder fell generally within the middle range of seriousness. Although the offence was committed in company and the offender had a significant prior record, it was not part of planned or organised criminal activity in the sense of a prior positive intention to stab or kill. The mitigating effect of that was limited because the offender took a knife, initiated the confrontation to extract money, used the knife after resistance and showed no remorse. His drug-induced psychosis had no causal relationship with the killing and did not reduce the need for general deterrence. No special circumstances justified departing from the standard non-parole period or statutory nexus.

Court Disposition

Hoai Vinh Tran was sentenced for the murder of Phuoc Dang to imprisonment with a non-parole period of 20 years and a balance term of 6 years.

Orders

  • ['Non-parole period of 20 years commencing on 7 November 2007 and expiring on 6 November 2027.' 'Balance term of sentence of 6 years commencing on 7 November 2027 and expiring on 6 November 2033.']