TRAN v R [2007] NSWCCA 140

TRAN v R [2007] NSWCCA 140

The sentencing judge did not err in making the sentences only partly concurrent. The s 25A and s 25 offences were distinct, although some concurrency was required because the final actual supply and possession of further heroin occurred on the same day. The total effective sentence of 4 years and 6 months with a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 May 2007
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['ongoing Supply of Heroin' 'deemed Supply of Heroin' 'totality' 'concurrency of Sentences' 'double Punishment']
['criminal Law' 'sentencing' 'drug Offences'] ['ongoing Supply of Heroin' 'deemed Supply of Heroin' 'totality' 'concurrency of Sentences' 'double Punishment']

Source-derived case record

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether greater concurrency should have been provided between the sentences for ongoing supply of heroin and deemed supply of heroin.' 'Whether the sentencing judge failed to give sufficient effect to the principle of totality.' 'Whether the sentencing judge impermissibly elevated the objective seriousness of each offence by relying on evidence that the applicant was engaged in a commercial business.']

Ratio Decidendi

The sentencing judge did not err in making the sentences only partly concurrent. The s 25A and s 25 offences were distinct, although some concurrency was required because the final actual supply and possession of further heroin occurred on the same day. The total effective sentence of 4 years and 6 months with a non-parole period of 3 years appropriately reflected the applicant's total criminality, including possession or supply of 151 grams of heroin in a commercial enterprise above street level.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']