TRAN, Hoai Vinh v R [2011] NSWCCA 116

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: TRAN, Hoai Vinh v R [2011] NSWCCA 116 Hearing dates: 21 February 2011 Decision date: 19 May 2011 Before: Whealy JA at [1], Hidden J at [2] & Johnson J at [43] Decision: Leave to appeal granted, appeal allowed, sentence passed by Mathews AJ quashed. Applicant re-sentenced to imprisonment for 24 years, comprising a non-parole period of 18 years, commencing 7 November 2007 and expiring 6 November 2025, and a balance of term of 6 years, commencing 7 November 2025 and expiring 6 November 2031. Catchwords: CRIMINAL LAW - application for leave to appeal against sentence - murder - sentencing judge found offence in middle range of objective seriousness - error in finding as aggravating factor that offence committed in company - consideration of objective gravity on re-sentence - finding that offence below mid-range Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: R v Tran [1999] NSWCCA 109 R v Button & Griffen [2002] NSWCCA 159, 54 NSWLR 455 Huntingdon v Regina [2007] NSWCCA 196 R v Sullivan [2010] NSWSC 755 Apps v R [2006] NSWCCA 290 Yun v R [2008] NSWCCA 114, 185 A Crim R 58 Nguyen v R [2007] NSWCCA 363, 180 A Crim R 267 Versluys v R [2008] NSWCCA 76 Collon v R [2009] NSWCCA 187 R v Nelson (NSWCCA, 25 June 1996, unreported) R v Hillsley [2006] NSWCCA 312; 164 A Crim R 252 Category: Principal judgment Parties: Hoai Vinh Tran (applicant) Regina (respondent) Representation: Counsel B Rigg (applicant) J Pickering (respondent) Solicitors Peter O'Brien - O'Brien Solicitors (applicant) S Kavanagh - Solicitor for Public Prosecutions (respondent) File Number(s): 2009/2118 Decision under appeal Citation: R v Tran [2009] NSWSC 1437 Date of Decision: 2009-12-18 00:00:00 Before: Mathews AJ File Number(s): 2009/2118