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Tran v The Queen [2020] VSCA 284

appeal against sentence — 1 count of dealing with money being $100,000 or more, reasonably suspected of being proceeds of crime contrary to s 400.9(1) of Commonwealth Criminal Code — 2 counts of dealing with money being less than $100,000 reasonably suspected of being proceeds of crime contrary to s 400.9(1A) of Commonwealth Criminal Code — 1 count of trafficking in trafficable quantity of controlled substance contrary to s 302.4(1) Commonwealth Criminal Code — 2 counts of possessing controlled drug contrary to s 308.1(1) Commonwealth Criminal Code — original sentence imposed 3 years’ imprisonment with offender to be released on recognisance release order after 2 years — antecedents — s 16A(2)(m) — offender has number of prior convictions including 3 for trafficking heroin in 1995, 1996 and 2001 — nature and circumstances — s 16A(2)(a) — sentencing judge described charges 1-3 as serious examples of serious offences — sentencing judge accepted there was no evidence offender received benefit from transaction amounting to charge 1 — offending occurred in context of loss of employment and of broken relationship which led offender to relapse into drug use — prior convictions suggest offender has long suffered from heroin addiction — sentence on charge 1 is not wholly outside of appropriate range although might be seen to be towards top of range — given offender’s prior convictions for trafficking heroin sentence on charge 4 was remarkably lenient — guilty plea — s 16A(2)(g) — offender pleaded guilty at earliest opportunity — offender was entitled to reduction in sentence — offender was remorseful for offending — prior to execution of search warrant offender requested to speak to police and assisted with search and provided access to some devices — rehabilitation — s 16A(2)(n) — although offender had remained drug free for 14 years relapse suggested that predictions about use of drugs must remain guarded — prospects of rehabilitation assessed as guarded — notwithstanding perceived difficulties with individual sentences and cumulation total effective sentence and recognisance release order properly reflected offender’s criminality — leave to appeal against sentence refused
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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