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Tran v The Queen [2017] VSCA 346

appeal against sentence — attempting to possess commercial quantity of unlawfully imported border controlled drug offence — offender sentenced to 8 years’ imprisonment with 5 year non-parole period — multiple offenders — co-offender convicted of importing commercial quantity of border controlled drug offence — co-offender sentenced to 4 years’ imprisonment with 2 year and 6 month non-parole period — co-operation — s 16AC(2) — co-offender gave undertaking to assist authorities in future prosecutions of co-offenders — sentencing judge not in error by holding that but for co-offender’s co-operation, same sentence as offender would have been imposed — parity — appeal court not placed in position of sentencing judge — question to be answered is whether offender entitled to justifiable sense of grievance on an objective consideration of entire circumstances of offence — court must be persuaded that sentence imposed not reasonably open — instinctive synthesis — where more than one offender is being sentenced, sentencing not a mechanical exercise in which circumstances are to be weighed with pretence of arithmetical certainty — resorting to a minute examination of individual circumstances of offending and offenders in attempting to demonstrate sentence not reasonably open is counter to concept of instinctive synthesis — sentencing judge correct in consideration of parity principle — fact that offender and co-offenders charged with different offences does not mean parity considerations do not apply — overall picture of offending similar — sentencing judge correct in finding roles of offender and co-offender were comparable — sentencing judge correct in approaching issue of parity in broad and practical way — leave to appeal against sentence refused — appeal dismissed
The CSD acknowledges Aboriginal and Torres Strait Islander peoples as First Australians and recognises their culture, history, diversity and their deep connection to the land. We acknowledge that we are on the land of the traditional owners and pay respects to Elders past and present.

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