R v Donny Minh Tran [2004] NSWCCA 6

R v Donny Minh Tran [2004] NSWCCA 6

The sentences were not manifestly excessive and the complaint about failure to consider background matters lacked substance, but the disparity between the applicant's sentence on count 1, including the Form 1 matters, and the outcomes for the juvenile co-offenders gave rise to a justifiable sense of grievance. A modest reduction was warranted, having regard to the limits on comparison with Children's Court outcomes and the applicant's objective and subjective criminality, while the sentence for count 2 was left undisturbed.

Jurisdiction
Australia
Judgment Date
05 February 2004
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court After Pleas of Guilty
Outcome
Leave to appeal granted; appeal allowed in part; sentence on count 1 quashed and replaced; appeal dismissed in respect of count 2.
Legal Topics
['aggravated Robbery' 'robbery With Corporal Violence' 'attempted Robbery With Corporal Violence' 'form 1 Offences' 'parity With Co Offenders' 'manifest Excess' 'youth and Subjective Circumstances']
['criminal Law' 'sentencing'] ['aggravated Robbery' 'robbery With Corporal Violence' 'attempted Robbery With Corporal Violence' 'form 1 Offences' 'parity With Co Offenders' 'manifest Excess' 'youth and Subjective Circumstances']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentences Imposed in the District Court After Pleas of Guilty

Legal Issues

  1. 1 ["Whether the total effective sentence was manifestly excessive having regard to the applicant's youth, pleas of guilty and subjective circumstances." "Whether the sentencing judge failed to appropriately take into account matters in the applicant's background." "Whether disparity between the applicant's sentence and the sentences imposed on juvenile co-offenders gave rise to a justifiable sense of grievance warranting appellate intervention."]

Ratio Decidendi

The sentences were not manifestly excessive and the complaint about failure to consider background matters lacked substance, but the disparity between the applicant's sentence on count 1, including the Form 1 matters, and the outcomes for the juvenile co-offenders gave rise to a justifiable sense of grievance. A modest reduction was warranted, having regard to the limits on comparison with Children's Court outcomes and the applicant's objective and subjective criminality, while the sentence for count 2 was left undisturbed.

Court Disposition

Leave to appeal granted; appeal allowed in part; sentence on count 1 quashed and replaced; appeal dismissed in respect of count 2.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal (in part).' 'Quash the sentence imposed in respect of count 1 in the indictment and in lieu thereof sentence the applicant to a total term of imprisonment of 3½ years consisting of a non-parole period of 18 months to date from 23 August 2004 and to expire on 22 February...