DISAVOWAL
Card 021: breach of the law “same crime, same sentence” — Armed robbery · Australia, New South Wales · he — Non-parole period of 24 months and additional term of 18 months, 42 months in total, she — 2 years for armed robbery with a non-parole period of 1 year; 1 year concurrent for the attempt
Armed robbery · Australia, New South Wales · 1999 / 1999 · he — Crown appeal allowed, resentenced, Non-parole period of 24 months and additional term of 18 months, 42 months in total; she — Leave to appeal granted, appeal dismissed, 2 years for armed robbery with a non-parole period of 1 year; 1 year concurrent for the attempt.
Both cases concern armed robbery in New South Wales. Both accused were 18, and both pleaded guilty.
He, Hoai Vinh Tran, with two accomplices robbed a video store in Greenfield Park. He produced an imitation pistol, pointed it at the shop assistant and demanded that the till be opened; $660 was taken. He was first given a non-custodial sentence, but the Crown appealed it as manifestly inadequate. The appeal was allowed: a non-parole period of 24 months and an additional term of 18 months, 42 months in total (paras. 2, 4, 5, 32).
She, Danielle Colgan, with accomplices committed an armed robbery at a Mobil service station in Berowra, using a stolen car. She carried a long knife. She also took part in an attempted armed robbery in company at a service station in Lisarow. For the robbery she was sentenced to 2 years with a non-parole period of 1 year, and for the attempt to 1 year concurrent. Her appeal against sentence was dismissed (paras. 3, 4, 6, 14).
The court noted her tragic background and her genuine, partly successful attempts at rehabilitation. At the same time it said the offences were serious (para. 9).
Details: both decisions, the law, what happened after
He
- Case: REGINA v TRAN
- Citation: REGINA v TRAN [1999] NSWCCA 109
- Court: New South Wales Court of Criminal Appeal
- Date of decision: 1999-05-12
- Charge: Armed robbery (s97(1) Crimes Act 1900)
- Outcome: Crown appeal allowed, resentenced
- Sentence: Non-parole period of 24 months and additional term of 18 months, 42 months in total
- Facts: Robbed a video store with two accomplices, pointed an imitation pistol at the shop assistant and demanded the till be opened; $660 taken. The robbery was planned in advance to get money for heroin. He was 18, with prior convictions for possessing a shortened firearm and a prohibited weapon. He pleaded guilty (paras. 2, 4, 5, 13, 24, 32).
- Decision: https://www.caselaw.nsw.gov.au/decision/549f9f1a3004262463b28590
She
- Case: Regina v Colgan
- Citation: Regina v Colgan [1999] NSWCCA 292
- Court: New South Wales Court of Criminal Appeal
- Date of decision: 1999-09-15
- Charge: Armed robbery and attempted armed robbery in company
- Outcome: Leave to appeal granted, appeal dismissed
- Sentence: 2 years for armed robbery with a non-parole period of 1 year; 1 year concurrent for the attempt
- Facts: With accomplices robbed a Mobil service station in Berowra in a stolen car, armed with a long knife. Took part in an attempted armed robbery in company at a service station in Lisarow. She was 18, having earlier given her age as 15. She pleaded guilty (paras. 3, 4, 6, 14).
- Decision: https://www.caselaw.nsw.gov.au/decision/549f9d943004262463b217bc
Law
After
none
Machine version: /api/v1/021.json · added 2026-10-17