Dang v R; Tran v R [2015] NSWCCA 163

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Dang v R; Tran v R [2015] NSWCCA 163 Hearing dates: 27 March 2015 Decision date: 25 June 2015 Before: R A Hulme J at [1]; Davies J at [155]; Bellew J at [163] Decision: Leave to appeal against conviction granted. Appeal against conviction dismissed. Leave to appeal against sentence granted. Appeal against sentence dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – attempt to possess marketable quantity of border controlled drug (heroin) – co-accused – circumstantial evidence case – appellants' version of events implausible – verdicts of guilty not unreasonable or unsupported – leave to appeal granted – appeal against conviction dismissed

CRIMINAL LAW – appeal against conviction – attempt to possess marketable quantity of border controlled drug (heroin) – co-accused – whether error in failing to order separate trial – whether admission of certain evidence regarding one accused prejudicial to case of co-accused – evidence admissible - no error

CRIMINAL LAW – appeal against sentence – attempt to possess marketable quantity of border controlled drug (heroin) – co-offenders - no error in finding intention to acquire entire consignment – no error in assessment of relative culpability – no justifiable sense of grievance between sentence imposed on appellant and co-offender – sentence not manifestly excessive – leave to appeal granted - appeal against sentence dismissed Legislation Cited: Criminal Appeal Act 1912 (NSW) s 6(1) Criminal Code (Cth) ss 11.1(1), 307.6(1) Cases Cited: Dinsdale v R [2000] HCA 54; 202 CLR 321 Gilham v R [2012] NSWCCA 131 Green v R; Quinn v R [2011] HCA 49; 244 CLR 462 Sinkovich v R [2011] NSWCCA 90 Wong v R [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Dao Nguyen Dang (Applicant) Binh Huy Tran (Applicant) Regina (Respondent) Representation: Counsel: Mr W Chan (Dang) Mr T Game SC with Mr Barrow (Tran) Mr O'Donnell (Crown)