Tran v R (Cth) [2020] NSWCCA 310

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tran v R (Cth) [2020] NSWCCA 310 Hearing dates: 16 November 2020 Decision date: 27 November 2020 Before: Hoeben CJ at CL at [1]; Price J at [50]; Fagan J at [51] Decision: (1) Leave to appeal against sentence is granted. (2) The appeal is dismissed. Catchwords: CRIMINAL LAW – sentence appeal – offence of dealing with money intended as a instrument of crime where value of money was more than $100,000 – maximum sentence of 20 years imprisonment – applicant played an integral role in transferring money in and out of Australia – applicant in charge and giving directions to a number of locally based participants – person Nguyen part of syndicate controlled by applicant – Nguyen physically attended banks and carried out transactions on behalf of applicant – when sentenced Nguyen received a much less sentence than the applicant – whether the applicant had a justifiable sense of grievance due to the disparity between her sentence and that of Nguyen – appeal against sentence dismissed. Legislation Cited: Crimes Act 1914 (Cth) Criminal Appeal Act 1912 (NSW) Criminal Code (Cth) Cases Cited: Burrows v R [2017] NSWCCA 45 Why v R [2017] NSWCCA 101 Wong v The Queen; Leung v The Queen (2001) 207 CLR 584; [2001] HCA 64 Category: Principal judgment Parties: Thi Quynh Quyen Tran – Applicant Regina (Cth) – Respondent Representation: Counsel: Q Nguyen (solicitor) – Applicant A Williams/K Fitzgerald – Respondent