NSW Caselaw
New South Wales District Court
CITATION: R v Quang Het Tran [2007] NSWDC 52
JUDGMENT DATE: 16 February 2007
EX TEMPORE JUDGMENT DATE : 12 April 2007
JURISDICTION: Criminal
JUDGMENT OF: Nicholson SC DCJ
DECISION: Convicted. Overall sentence of seven years imposed. [66]; N.P.P. 4 years and 3 month's to date 12 August 2005 and expire 11 November 2009. ; Whole sentence expire 11 August 2012.
CATCHWORDS: Criminal Law - Sentence - Importation of prohibited drug - heroin varying levels of purity - weight 860grams - drugs concealed in suitcase lining and book covers - courier - nature of objective criminality - nature of custodial conditions - significant intellectual impairment - application of deterence.
LEGISLATION CITED: Crimes Act 1914 (Cwlth) s.16A Customs Act (1901) s233B
Gladue v The Queen [1999] 1 SCR 688 at [80]. R v Cuthbert (1967) 2 NSWR 329, R v Rushby [1977] 1 NSWLR 594, R v Hayes [1984] 1NSWLR 740 CASES CITED: Wong v The Queen (2001) 207 CLR 584 Pham [2005] NSWCCA R v Qutami 2007 NSWCCA 353 Power v The Queen 131 (1974) CLR 623
PARTIES: Regina Quang Het Tran
FILE NUMBER(S): 06/11/0386
SOLICITORS: Crown: Mr Nicoll Accused: Mr Neild
Sentence 1 HIS HONOUR: Quang Het Tran is described by his niece as a loving and caring husband to her aunt and a devoted father to his son. He, willingly, she says, "Helps out with the cooking and cleaning and always has time for his family. He is supportive and ready to offer help to any family member when in need or in trouble".
2 Yet on 12 August 2005, he imported into Australia $600,000 worth of heroin concealed in the lining of a suitcase and two hard covered books. The total weight of the pure heroin was 861 grams.
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