REGINA v VO REGINA v TRAN [2006] NSWCCA 165

New South Wales Court of Criminal Appeal

CITATION: REGINA v VO REGINA v TRAN [2006] NSWCCA 165 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 16 May 2006

JUDGMENT DATE: 24 May 2006

JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 45; Johnson J at 46

DECISION: 1. Crown appeal upheld and sentences quashed: In relation to Vo; 1. In lieu of the sentence imposed the respondent should be sentenced to a term of imprisonment of ten years to date from 30 April 2004 and to expire on 29 April 2014; 2. Set a non-parole period of six years and six months from commencement of the sentence to expire on 29 October 2010. In relation to Tran; 1. The respondent is sentenced to a term of imprisonment of six years and eight months from 30 April 2004 to expire on 29 December 2010; 2. Set a non-parole period of two years and ten months from the date of the commencement of the sentence to expire on 1 March 2007.

CATCHWORDS: CRIMINAL LAW - Crown appeal - resentence for failure to cooperate with authorities - heroin importation - evidence in trials of co-offenders - undertaking under s 21E of Crimes Act 1914 - whether failure in full or in part - proportions of sentence attributable to past or future cooperation

Crimes Act 1914 (Cth) LEGISLATION CITED: Customs Act 1901 (Cth) Evidence Act 1995 (NSW)

CASES CITED: Bogdan Tomasz Gladkowski (2000) 115 A Crim R 446 R v Hodgson (2002) 135 A Crim R 92

The Crown (Appl) PARTIES: Cam Thi Vo (Resp) Tung Thanh Tran (Resp)

FILE NUMBER(S): CCA 2006/45; 2006/36

W J Abraham QC (Appl) COUNSEL: H Dhanji (Resp - Vo) C Craigie SC (Resp - Tran)