R v Tran [1999] NSWCCA 443

R v Tran [1999] NSWCCA 443

It was open to the sentencing judge to reject the applicant's account regarding intent and familiarity with the weapon; the findings of fact and decision not to find special circumstances were within discretion and no legal error was shown in the imposition of the sentence for manslaughter in these circumstances.

Parties
Respondent: Regina; Applicant: Van Dung Tran
Jurisdiction
Australia
Judgment Date
23 December 1999
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal And, If Granted, Substantive Appeal Against Sentence
Outcome
Leave to appeal granted; Appeal dismissed
Legal Topics
Manslaughter, Appeal Against Sentence, Special Circumstances
Criminal Law Manslaughter Appeal Against Sentence Special Circumstances

Case Brief

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Parties

Regina

Respondent

Van Dung Tran

Applicant

Procedural Posture

Appeal / Judgment on Application for Leave to Appeal And, If Granted, Substantive Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in fact or principle in determining the sentence for manslaughter
  2. 2 Whether special circumstances should have been found
  3. 3 Whether the applicant was entitled to a discount for contrition and plea of guilty

Ratio Decidendi

It was open to the sentencing judge to reject the applicant's account regarding intent and familiarity with the weapon; the findings of fact and decision not to find special circumstances were within discretion and no legal error was shown in the imposition of the sentence for manslaughter in these circumstances.

Court Disposition

Leave to appeal granted; Appeal dismissed

Orders

  • Leave to appeal allowed
  • Appeal dismissed