Regina v Tran Hoai Cao [2017] NSWDC 268

Regina v Tran Hoai Cao [2017] NSWDC 268

The drug supply offences warranted imprisonment, the dealing with identification information offences and criminal group offence were objectively serious because they formed part of a planned, organised and sophisticated fraud operation, and the offender's role was mid-level and important. Although the Court accepted mitigating factors including good prospects of rehabilitation, genuine remorse, cooperation and an early guilty plea warranting a 25% discount, it rejected the claim that severe depression or the daughter's medical costs materially explained the offending and found the bail conditions were not quasi-custody. Having considered all alternatives, no penalty other than...

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Criminal Sentence / Sentence After Pleas of Guilty in the Local Court
Outcome
The offender was convicted on each offence and sentenced to an aggregate term of imprisonment with a non-parole period of 2 years and 9 months and a head sentence of 4 years and 9 months.
Legal Topics
['plea of Guilty' 'aggregate Sentence' 'ongoing Supply of Prohibited Drug' 'supply of Prohibited Drug' 'dealing With Identification Information' 'participating in a Criminal Group' 'form 1 Offences' 'mitigating and Aggravating Factors' 'general and Specific Deterrence' 'rehabilitation' 'objective Seriousness']
['criminal Law' 'sentencing' 'drug Offences' 'fraud and Identity Crime'] ['plea of Guilty' 'aggregate Sentence' 'ongoing Supply of Prohibited Drug' 'supply of Prohibited Drug' 'dealing With Identification Information' 'participating in a Criminal Group' 'form 1 Offences' 'mitigating and Aggravating Factors' 'general and Specific Deterrence' 'rehabilitation' 'objective Seriousness']

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Procedural Posture

Criminal Sentence / Sentence After Pleas of Guilty in the Local Court

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's drug supply, identity information and criminal group offences after pleas of guilty." 'Whether the matter was appropriate for an aggregate sentence under section 53A Crimes (Sentencing Procedure) Act 1999.' 'How the objective seriousness of the drug supply offences, dealing with identification information offences and participation in a criminal group should be assessed.' 'What weight should be given to mitigating factors including rehabilitation, remorse, cooperation, guilty pleas, mental condition and bail conditions.' 'Whether any penalty other than imprisonment, including an Intensive Corrections Order, was appropriate.' 'Whether special circumstances justified a longer parole period.']

Ratio Decidendi

The drug supply offences warranted imprisonment, the dealing with identification information offences and criminal group offence were objectively serious because they formed part of a planned, organised and sophisticated fraud operation, and the offender's role was mid-level and important. Although the Court accepted mitigating factors including good prospects of rehabilitation, genuine remorse, cooperation and an early guilty plea warranting a 25% discount, it rejected the claim that severe depression or the daughter's medical costs materially explained the offending and found the bail conditions were not quasi-custody. Having considered all alternatives, no penalty other than...

Court Disposition

The offender was convicted on each offence and sentenced to an aggregate term of imprisonment with a non-parole period of 2 years and 9 months and a head sentence of 4 years and 9 months.

Orders

  • ['For each offence the offender is convicted.' 'This is an appropriate matter in which to impose an aggregate sentence pursuant to section 53A Crimes (Sentencing Procedure) Act 1999.' 'A term of imprisonment is imposed consisting of a non-parole period of 2 years and 9 months to date from 19 May 2017 and expire on...