TRAN, Brendon v Regina [2014] NSWCCA 85

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: TRAN, Brendon v Regina [2014] NSWCCA 85 Hearing dates: 1 May 2014 Decision date: 19 May 2014 Before: Hall J at [1]; RA Hulme J at [66]; Davies J at [71] Decision: (1) Leave to appeal be granted. (2) The appeal be dismissed. Catchwords: CRIMINAL LAW - sentence appeal - one count supply commercial quantity of methylamphetamine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) - two counts possess a firearm without being authorised by a licence or permit contrary to s 7(1) of the Firearms Act 1996 (NSW) - applicant was denied procedural fairness in that the sentencing judge failed to warn the applicant's representative that he considered the objective gravity of Count 1 to be above the mid range of objective seriousness - sentencing judge did not err in the assessment of the objective seriousness of Count 1 - sentencing judge erred in sentencing the applicant on the basis that his plea of guilty was late - sentence imposed in respect of Count 1 was not manifestly excessive - no other sentence is warranted in law and should have been passed - leave granted - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Firearms Act 1996 Cases Cited: Attorney General's Application Under s 37 of the Crimes (Sentencing Procedure) Act, 1999 No 1 of 2002 [2002] NSWCCA 518 Boney v R [2008] NSWCCA 165 Mulato v R [2006] NSWCCA 282 Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 R v Bonett [2009] NSWCCA 135 R v Dib [2003] NSWCCA 117 R v Gallagher (1991) 23 NSWLR 220 R v NP [2003] NSWCCA 195 R v Simpson [2001] NSWCCA 534 R v Sukkar [2006] NSWCCA 92 Wong v R [2001] HCA 64; (2001) 207 CLR 584 Category: Principal judgment Parties: Brendon Tran (Appellant) Regina (Crown) Representation: Counsel: H Dhanji SC (Appellant) R Herps (Crown) Solicitors: William O'Brien and Ross Hudson Solicitors (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2011/275881 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-05-31 00:00:00 Before: Blackmore DCJ File Number(s): 2011/275881