R v Tuan Anh TRAN [2011] NSWSC 1480

Supreme Court New South Wales

Medium Neutral Citation: R v Tuan Anh TRAN [2011] NSWSC 1480 Hearing dates: 5 September 2011 Decision date: 02 December 2011 Before: Rothman J Decision: Sentenced to imprisonment for a non-parole period of 15 years commencing 4 August 2010 and concluding 3 August 2025, the balance of term being a further five years imprisonment concluding 3 August 2030. First eligible for release on parole on 3 August 2025. Catchwords: CRIMINAL LAW - sentence - murder - guilty plea - parity with co-offender - no issue of principle - sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Jimmy v R [2010] NSWCCA 60 Lowe v R [1984] HCA 46; (1984) 154 CLR 606 Muldrock v R [2011] HCA 39; 85 ALJR 1154 Postiglione v R [1997] HCA 26; (1997) 189 CLR 295 R v Christiansen [2011] NSWSC 840 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383; 115 A Crim R 104 Veen v R (No 2) [1988] HCA 14; (1988) 164 CLR 465 Category: Sentence Parties: Regina (Crown) Tuan Anh Tran (Offender) Representation: Counsel C.M. Everson (Crown) T.R. Hoyle SC (Offender) Solicitors Office of the Director of Public Prosecutions (Crown) Audix Legal (Offender) File Number(s): 2010/258714

REMARKS ON SENTENCE 1On 6 December 2008, Paul Elliott was murdered. He was shot by Michael Christiansen; the co-offender was Tuan Anh Tran. The Court is required to sentence Mr Tran who has pleaded guilty to the murder of Mr Elliott. 2Mr Christiansen has already been sentenced by Latham J on 29 July 2011 for a number of offences including this murder for which Mr Christiansen was sentenced to a non-parole period of 15 years and three months and a balance of term of five years and nine months.