R v Tran [2024] NSWSC 116

R v Tran [2024] NSWSC 116

The Court found the offender's actions in killing Daiane Pelegrini were of grave objective seriousness, motivated by jealousy and anger, with intent to kill; his subsequent diagnosis of schizophrenia did not reduce moral culpability or materially contribute to the offending at the relevant time. A total sentence of 28 years' imprisonment with a 21-year non-parole period was appropriate, balancing seriousness, his mental health, remorse, and prospects of rehabilitation, and giving a 5% discount for guilty pleas.

Parties
Crown: Rex; Offender: David Tran
Jurisdiction
Australia
Judgment Date
16 February 2024
Procedural Posture
Criminal / Sentencing After Guilty Plea During Trial
Outcome
Offender sentenced to imprisonment
Legal Topics
Sentencing, Murder, Mental Illness, Assault, Break and Enter, Using Carriage Service to Harass
Criminal Law Sentencing Murder Mental Illness Assault Break and Enter Using Carriage Service to Harass

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Parties

Rex

Crown

David Tran

Offender

Procedural Posture

Criminal / Sentencing After Guilty Plea During Trial

Legal Issues

  1. 1 Appropriate sentence for murder, break and enter, assault, and using a carriage service to harass; relevance of offender's mental illness (schizophrenia) to sentencing; the gravity and objective seriousness of the offending; application of principles mitigating or aggravating sentence including De La Rosa factors

Ratio Decidendi

The Court found the offender's actions in killing Daiane Pelegrini were of grave objective seriousness, motivated by jealousy and anger, with intent to kill; his subsequent diagnosis of schizophrenia did not reduce moral culpability or materially contribute to the offending at the relevant time. A total sentence of 28 years' imprisonment with a 21-year non-parole period was appropriate, balancing seriousness, his mental health, remorse, and prospects of rehabilitation, and giving a 5% discount for guilty pleas.

Court Disposition

Offender sentenced to imprisonment

Orders

  • The offender is sentenced to a total period of imprisonment of 28 years commencing 3 February 2021 and ending 2 February 2049, with a non-parole period of 21 years commencing 3 February 2021 and ending 2 February 2042.
  • For count 1 (enter dwelling with intent), 4 years imprisonment with a non-parole period of 3 years.