NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Tran v R [2010] NSWCCA 183
HEARING DATE(S): 23 June 2010
JUDGMENT DATE: 19 August 2010
JUDGMENT OF: McClellan CJatCL at 1; Hislop J at 2; Barr AJ at 27
DECISION: 1. Grant leave to appeal. 2. Allow the appeal. 3. Quash the sentences and in lieu thereof sentence the applicant as follows: count 1 - imprisonment for a non parole period of six months to commence on 10 June 2008 and expire on 9 December 2008 with a balance of term of two months to expire on 9 February 2009; count 2 - imprisonment for a non parole period of three years two months to commence on 10 September 2008 and expire on 9 November 2011 with a balance of term of one year one month to expire on 9 December 2012; count 3 - imprisonment for a fixed term of two years two months to commence on 10 September 2008 and expire on 9 November 2010. The earliest date on which the applicant will be eligible for release to parole is 9 November 2011.
CATCHWORDS: CRIMINAL LAW - sentence - firearms - prohibited weapon - statutory discount for guilty plea - resentence.
Weapons Prohibition Act 1998 LEGISLATION CITED: Firearms Act 1996 Criminal Case Conferencing Trial Act 2008 Crimes (Sentencing Procedure) Act 1999
CASES CITED : R v Mitchell [2007] NSWCCA 296; (2007) 177 A Crim R 94 Micklesson v R [2009] NSWCCA 61
PARTIES: Andrew Tran v Regina
FILE NUMBER(S): CCA 2009/3281
COUNSEL: M. Johnson (Applicant) S. Dowling (Crown)
SOLICITORS: Nyman Gibson Stewart (Applicant) Solicitor for Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2009/3281
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