Quang Be Tran v The Queen [1997] FCA 528

Quang Be Tran v The Queen [1997] FCA 528

The sentence of seven years imprisonment with a non-parole period of three years was appropriate and the sentencing discretion did not miscarry. The offence was a serious case of commercial heroin dealing by a mid-range dealer involving a substantial quantity and relatively high concentration of heroin brought into the Territory for sale. The sentencing judge was entitled to take deterrence and the circumstances of supply into account, and his remarks did not show an intention to punish the appellant more heavily because he was not a Territory resident. The plea of guilty and subjective factors did not render the sentence excessive.

Jurisdiction
Australia
Judgment Date
12 June 1997
Procedural Posture
Criminal Appeal Against Severity of Sentence / On Appeal From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia, Full Court
Outcome
Appeal dismissed; sentence of the Supreme Court confirmed.
Legal Topics
['severity Appeal' 'plea of Guilty Discount' 'contrition' 'deterrence' 'possession of Traffickable Quantity of Heroin for Sale or Supply' 'money Laundering' 'act Sentencing Principles']
['criminal Law' 'sentencing' 'drug Offences' 'proceeds of Crime'] ['severity Appeal' 'plea of Guilty Discount' 'contrition' 'deterrence' 'possession of Traffickable Quantity of Heroin for Sale or Supply' 'money Laundering' 'act Sentencing Principles']

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Procedural Posture

Criminal Appeal Against Severity of Sentence / On Appeal From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia, Full Court

Legal Issues

  1. 1 ["Whether the sentencing judge gave sufficient weight to the appellant's plea of guilty, reform and rehabilitation, subjective features, and hardship to him and his family." "Whether the sentencing judge's remarks about deterring persons from bringing drugs into the Territory indicated an intention to impose an unduly heavy sentence because the appellant was not a Territory resident." 'Whether Part XII of the Crimes Act 1900 (ACT), particularly s.429, altered fundamental sentencing principles.']

Ratio Decidendi

The sentence of seven years imprisonment with a non-parole period of three years was appropriate and the sentencing discretion did not miscarry. The offence was a serious case of commercial heroin dealing by a mid-range dealer involving a substantial quantity and relatively high concentration of heroin brought into the Territory for sale. The sentencing judge was entitled to take deterrence and the circumstances of supply into account, and his remarks did not show an intention to punish the appellant more heavily because he was not a Territory resident. The plea of guilty and subjective factors did not render the sentence excessive.

Court Disposition

Appeal dismissed; sentence of the Supreme Court confirmed.

Orders

  • ['The appeal be dismissed and the sentence of the Supreme Court be confirmed.']