NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Tran [2005] NSWCCA 35
HEARING DATE(S): 7 February 2005
JUDGMENT DATE: 17 February 2005
JUDGMENT OF: Grove J at 1; Hidden J at 34; Bell J at 35
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - INDICTMENT - PLEA OF GUILTY TO STATUTORY ALTERNATIVE - AMBIGUITY OF ENDORSEMENT ON BACK OF INDICTMENT AS TO WHICH OF TWO AVAILABLE ALTERNATIVES PLEADED BY OFFENDER - ON SENTENCE APPEAL LESS SERIOUS ALTERNATIVE ASSUMED FOR PURPOSE OF DETERMINING IF SENTENCE EXCESSIVE - PARITY OF SENTENCE WITH JUVENILE CO-OFFENDER - CHILDREN'S COURT IMPOSITION NOT IRRELEVANT - LESSER SENTENCE THAN THAT IMPOSED NOT WARRANTED
Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912
R v Astill No 2 1992 62 A Crim R 289 R v Carrion 2002 128 A Crim R 29 R v Cocking [1999] NSWCCA 311 R v Colgan [1999] NSWCCA 292 CASES CITED: R v Diamond CCA unrep 18 Feb 1993 R v Govinden 1999 106 A Crim R 314 R v Holton [2004] NSWCCA 214 The Queen v De Simoni 1981 147 CLR 383
PARTIES: Regina v Thi Oanh Tran
FILE NUMBER(S): CCA 2005/61
E. Wilkins (Crown) COUNSEL: A. Francis (Applicant)
S. Kavanagh (DPP) SOLICITORS: S.E. O'Connor (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0319
LOWER COURT JUDICIAL OFFICER: Armitage DCJ/Kinchington ADCJ
IN THE COURT OF CRIMINAL APPEAL 2005/61
GROVE J HIDDEN J BELL J
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