R v Bui and Tran [2014] NSWDC 204

R v Bui and Tran [2014] NSWDC 204

Sentences were determined primarily by assessing each offender's role and the objective seriousness of their involvement in supplying commercial quantities of heroin, with reference to legislative standard non-parole periods, parity with co-offenders, individual circumstances, and a 20% discount for the timing of the guilty pleas.

Parties
Prosecutor: Director of Public Prosecutions; Offender: Ba Hai Bui; Offender: Tuan Anh Tran
Jurisdiction
Australia
Judgment Date
28 May 2014
Procedural Posture
Criminal / Sentence
Outcome
Both offenders convicted and sentenced to imprisonment.
Legal Topics
Sentencing, Drug Offences, Supply of Prohibited Drugs, Parity, Standard Non Parole Periods
Criminal Law Sentencing Drug Offences Supply of Prohibited Drugs Parity Standard Non Parole Periods

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Parties

Director of Public Prosecutions

Prosecutor

Ba Hai Bui

Offender

Tuan Anh Tran

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for supply of heroin in not less than a commercial quantity contrary to s 25(2) Drug Misuse and Trafficking Act 1985?
  2. 2 How should the role and culpability of each offender affect sentencing?
  3. 3 Is there parity with co-offender sentences?

Ratio Decidendi

Sentences were determined primarily by assessing each offender's role and the objective seriousness of their involvement in supplying commercial quantities of heroin, with reference to legislative standard non-parole periods, parity with co-offenders, individual circumstances, and a 20% discount for the timing of the guilty pleas.

Court Disposition

Both offenders convicted and sentenced to imprisonment.

Orders

  • Ba Hai Bui sentenced to imprisonment for 9 years and 2 months with a non-parole period of 5 years and 8 months commencing on 8 August 2012.
  • Tuan Anh Tran sentenced to imprisonment for 4 years with a non-parole period of 2 years and 4 months commencing on 8 August 2012.