Quang Be Tran v The Queen [1997] FCA 528

C A T C H W O R D S CRIMINAL LAW - appeal against severity of sentence. SENTENCE - pleas of guilty - whether sufficient weight given by sentencing judge to various factors relating to appellant - it was. SENTENCE - whether plea of guilty will normally attract a discount or reduction in length of prison sentence particularly if it is persuasive evidence of contrition - principle established. SENTENCE - whether remarks of sentencing judge regarding deterrence of persons bringing drugs into jurisdiction indicated any intention to impose undue heavy sentence - they did not. SENTENCE - fundamental principles - whether provisions of s.429 of Crimes Act (ACT) intended to bring about substantial change - controversial - lack of argument at appeal - need to be argued in future appeal.

Proceeds of Crime Act 1991 (ACT), s.74, and para.45(2)(b) Drugs of Dependence Act 1989 (ACT), s.164 Crimes Act 1900 (ACT), Part XII, s.429, s.429A and s.429B R v. Holder; R v. Johnston [1983] 3 NSWLR 245 Jurkovic (1981) 6 A.Crim.R. 215 Omar and Others (1991) 55 A.Crim.R. 373 Radecic (1990) 51 A.Crim.R. 209 Suen v. R (unreported, Full Court of the Federal Court of Australia, 2 June 1987). Rumble v. The Queen (unreported, Full Court of the Federal Court of Australia, 21 June 1996) ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY QUANG BE TRAN v. THE QUEEN No. ACT G70 of 1996 Coram: Davies, Miles and Finn JJ Date: 12 June 1997 Canberra

IN THE FEDERAL COURT OF AUSTRALIA ) AUSTRALIAN CAPITAL TERRITORY ) No. ACT G 70 of 1996 DISTRICT REGISTRY ) GENERAL DIVISION )

ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: Quang Be Tran Appellant

AND: The Queen Respondent CORAM: Davies, Miles and Finn JJ DATE: 12 June 1997 PLACE: Canberra MINUTE OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed and the sentence of the Supreme Court be confirmed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.