R v Tran [2024] NSWSC 116

Supreme Court New South Wales

Medium Neutral Citation: R v Tran [2024] NSWSC 116 Hearing dates: 24 March 2023, 14 September 2023, 4 October 2023, 23 October 2023, 29 November 2023 and 11 December 2023 Date of orders: 16 February 2024 Decision date: 16 February 2024 Jurisdiction: Common Law Before: Lonergan J Decision: The offender is sentenced to a term of imprisonment of 28 years commencing on 3 February 2021 and ending on 2 February 2049 with a non-parole period of 21 years commencing on 3 February 2021 and ending on 2 February 2042. The offender will be first eligible for release to parole on 2 February 2042. Catchwords: SENTENCE – murder – stabbing – trial before jury – initially allegations of mental illness and substantial impairment – guilty pleas entered to all charges on day 10 of the trial – stabbing motivated by obsession and jealousy – remorse – mental illness issues – prodromal schizophrenia diagnosed after offences – De La Rosa factors – specific and general deterrence SENTENCE – break and enter with intent to commit serious indictable offence – assault – using carriage service to harass – s 166 Criminal Procedure Act Legislation Cited: Crimes Act 1900 (NSW) Crimes (High Risk Offenders) Act 2006 (NSW) Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Markarian v R (2005) 228 CLR 357; [2005] HCA 25 Milat v R; Klein v R [2014] NSWCCA 29 Muldrock v R (2011) 244 CLR 120; [2011] HCA 39 Category: Principal judgment Parties: Rex (Crown) David Tran (Offender) Representation: Counsel: R Kotsis (Crown) N Carroll (Offender)