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Tran, Hoang Ngoc v The Queen [2021] VSCA 278

CRIMINAL LAW
Victorian Court of Appeal
Judge(s): 
Kaye and T Forrest JJA
Parties: 

Tran, Hoang Ngoc v The Queen

Judgment Date: 
7 October 2021
Catchwords: 

CRIMINAL LAW - Appeal - Application for leave to appeal against sentence - Attempt to possess commercial quantity of a border controlled drug - Principle of parity - Manifest excess - Applicant sentenced to 23 years and six months' imprisonment with non-parole period of 15 years and six months - Applicant's head sentence 3.76 times that of co-accused - Whether disparity in sentences justified by differences in roles of co-accused - Whether minor factual errors led judge to mischaracterise applicant's role in drug importation enterprise - Applicant was 'trusted organiser' of one part of enterprise - Criminal Code (Cth) ss 11.1(1), 307.5(1); R v Nguyen (2010) 205 A Crim R 106, Tran v The Queen [2017] VSCA 346, Collins v The Queen [2015] VSCA 106 applied - Application for leave to appeal granted - Appeal allowed - Applicant resentenced to 18 years' imprisonment with non-parole period of 12 years.

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