NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Tran (No 3) [2022] NSWSC 1661 Hearing dates: 25 November 2022 Decision date: 09 December 2022 Jurisdiction: Common Law Before: Button J Decision: (1) Convicted of the offence of murder. (2) The offender is sentenced to a non-parole period of 15 years, to commence on 14 March 2019, and to expire on 13 March 2034. (3) That will be followed by a parole period of five years, to commence on 14 March 2034, and to expire on 13 March 2039. (4) The first date upon which the offender may be eligible for possible release to parole is 13 March 2034. Catchwords: CRIMINAL LAW – sentence – verdict of guilty of murder after trial by jury – substantial impairment not proven on balance of probabilities – fatal violence by running down with car and subsequent blows to face and head with axe – deceased former wife's new partner – intention to kill – elderly offender – survived Khmer Rouge regime – isolated and lonely life at time of offence – diagnoses of major depression and PTSD – no criminal record – no remorse expressed – sentence imposed Legislation Cited: Crimes (High Risk Offenders) Act 2006 (NSW) Category: Sentence Parties: Rex (Crown) Thanh Tran (Offender) Representation: Counsel: K Jeffreys (Crown) J Manuell SC (Offender)
Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid NSW (Offender) File Number(s): 2019/83236 Publication restriction: Nil
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