Tran v R [2014] NSWCCA 32

Tran v R [2014] NSWCCA 32

Leave to appeal was refused because the additional evidence was not admissible, the sentencing judge had already considered the applicant's subjective circumstances including special circumstances, family support, remorse and rehabilitation, and the parity finding with Pham disclosed no error. The sentence was lenient in light of the objective seriousness of the drug supply offence, the maximum penalty, the standard non-parole period and the applicant's role.

Jurisdiction
Australia
Judgment Date
18 March 2014
Procedural Posture
Criminal Application for Leave to Appeal Sentence / Application for Leave to Appeal
Outcome
Leave to appeal refused.
Legal Topics
['drug Supply' 'leave to Appeal Against Sentence' 'additional Evidence on Appeal' 'special Circumstances' 'parity With Co Offender' 'remorse' 'family Support']
['criminal Law' 'sentencing' 'criminal Procedure'] ['drug Supply' 'leave to Appeal Against Sentence' 'additional Evidence on Appeal' 'special Circumstances' 'parity With Co Offender' 'remorse' 'family Support']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Sentence / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether there was an absence of sufficient information before the sentencing judge concerning mental health, special circumstances, family support and remorse.' "Whether the applicant's criminality was not on par with the co-accused, Pham, so that equal criminality should not have been indicated." 'Whether the applicant could rely on additional evidence not led at the sentencing hearing.']

Ratio Decidendi

Leave to appeal was refused because the additional evidence was not admissible, the sentencing judge had already considered the applicant's subjective circumstances including special circumstances, family support, remorse and rehabilitation, and the parity finding with Pham disclosed no error. The sentence was lenient in light of the objective seriousness of the drug supply offence, the maximum penalty, the standard non-parole period and the applicant's role.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']