Tran v R [2020] NSWCCA 39

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tran v R [2020] NSWCCA 39 Hearing dates: 2 March 2020 Decision date: 11 March 2020 Before: McCallum JA at [1]; R A Hulme J at [2]; Button J at [48] Decision: 1. Leave to appeal against sentence granted. 2. Appeal dismissed. Catchwords: CRIME – appeals – appeal against sentence – reduction for plea of guilty not explicitly mentioned in reasons – no error because plea and discount clearly taken into account

CRIME – appeals – appeal against sentence – no special circumstances – applicant already on reintegration home detention – extended supervision not called for because low risk of reoffending

CRIME – appeals - appeal against sentence – manifest excess – three year sentence for cultivation by enhanced means of commercial quantity of cannabis plants not unreasonable or plainly unjust Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 3, 82A, 107E, 108E, 124D, 128C, 128E, 158 Crimes (Administration of Sentences) Regulation 2014 (NSW), cls 189I, 232B, 232C, 241A Crimes (Sentencing Procedure) Act 1999 (NSW), Div 1A Pt 3, s 101A Drug Misuse and Trafficking Act 1985 (NSW), s 23(2)(a) Electricity Supply Act 1995 (NSW), s 64(1) Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW) Cases Cited: Forti v R [2016] NSWCCA 127 Lee v R [2016] NSWCCA 146 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Zhang v R [2018] NSWCCA 82 Category: Principal judgment Parties: Van Kong Tran (Applicant) Regina (Respondent) Representation: Counsel: Ms S Kluss (Applicant) Ms E Wilkins SC (Crown)