Alexander Anh Nguyen Tran was caught with child exploitation material with kids as young as 3.
He was serving home detention. Now on appeal he will serve no time !
Tran, 32 was originally caught at Adelaide airport last year trying to smuggle in 6 entire hard drives filled to the brim with child exploitation material, featuring children as young as 3 years old. He collected the material while he was living in Japan working as a kindergarten teacher.
Yes you read that correctly, while working as a kindergarten teacher he collected horrendous images and videos of children being horrifically abused and raped. While he was teaching kids around that age. There is something seriously wrong with this guy.
His excuse for collecting the material was nothing short of insane and pathetic. Apparently he was trying to get back at his parents because they wanted him to be a pharmacist. Not sure how that works exactly, mum and dad have dreams for their son so his response is to collect 6 hard drives full of images and videos of children being horrendously abused.
Last Thursday, illicit image smuggler and former teacher Alexander Anh Nguyen Tran was released on a three-year good behaviour bond, including a total ban on using social media. The ruling ends a beleaguered case marred by the Commonwealth Director of Public Prosecutions’ repeatedly shifting attitude to penalty.
At first it opposed home detention, then supported it, and after Tran’s sentencing filed an appeal claiming he had been punished in error and had to go to jail. On Thursday, the Court of Criminal Appeal upheld the CDPP’s challenge — but only in part.
It ruled an 11-month prison term was the appropriate penalty, but ordered it be suspended without any time in custody. “The purpose of this sentence is, essentially, for your rehabilitation,” Justice Malcolm Blue told Tran.
“You will have the opportunity to avoid serving the sentence provided you are of good behaviour and are prepared to undertake (rehabilitation) programs.
“If you comply, you will never serve the sentence … on the other hand, if you do not, you will be liable to do so. In May, Tran was sentenced to 22 months’ jail and ordered to serve the first 10 months of that time on home detention.
Four months later, the CDPP lodged an appeal insisting home detention sentences could not, as a matter of law, be attached to Federal penalties. It said Tran’s penalty had to be entirely custodial or wholly suspended — and argued he should be imprisoned immediately.
On Thursday, Chief Justice Chris Kourakis, Justice Blue and Justice David Lovell unanimously agreed Tran should be resentenced. They imposed a new 11-month term and three-year bond — both beginning on Thursday.
“The conditions of the bond are more or less the same as those imposed by (the District Court),” Justice Blue told Tran.
So in other words the South Australian director of public prosecutions did not agree that home detention was the appropriate sentence for Tran, considering there was a pre school 250 metres away from his home we have to agree. The SA DPP asked to have him put behind bars and Justice Malcolm Blue agreed but suspended his sentence ?
Justice Malcolm Blue said that he was doing this so Tran could get rehabilitation. What in the honest hell Malcolm ? child abusers can not be rehabilitated and considering this bloke has blamed his mum and dad for his offending I don’t exactly think he is very remorseful for his crimes.
May 2017: Tran is caught smuggling 2000 child exploitation material files through Adelaide Airport. He is bailed to live just 200m from Wilderness School, which is not notified.
February 21, 2018: Tran asks to serve his sentence on home detention. The Advertiser contacts Wilderness, which issues an immediate warning to students and families.
March 1, 2018: Federal prosecutors admit they did not know Tran lived near a school. His counsel offers a new home detention address — 800m from a school in Broadview.
March 9, 2018: Tran offers a third address, 250m from a kindergarten. Federal prosecutors do not object, saying GPS tracking will protect children and families.
May 1, 2018: Tran is sentenced to 22 months’ jail, with the first 10 months to be served on home detention and the rest under supervision in the community.
September 20, 2018: Federal prosecutors change their position and file an appeal, claiming partial home detention sentences are not “authorised under law” and Tran must be jailed.
January 17, 2019: The Court of Criminal Appeal cancels Tran’s home detention and resentences him to an 11-month term, wholly suspended.
So hopefully that confusing mess is all nicely cleaned up, we can sum it up very simply for you.
Tran gets caught trying to smuggle 6 full hard drives of horrendous child exploitation material into Australia. He collected it while working as a kindergarten teacher to get back at his mum and dad for wanting him to be a pharmacist.
He gets home detention to be served close to a pre school.
The DPP opposes this and wants him sent behind bars.
The judge agrees and sends him behind bars, but then suspends his sentence because judges in Australia don’t believe that child exploitation material is a crime and sends him for rehab which we at FACAA know does not work.
Why our judges do not rate child exploitation material ? why do they consider it a victimless crime ? Why do they consistently give pathetic sentences for this crime ?
If anyone can answer any of these questions we would love to hear them. We are all out of ideas.
Mr Tran, your crime was horrendous your excuse was nothing short of pathetic and now you are free to get “rehabilitation,” Justice Blue you were asked to send him behind bars but instead you set him free …. Why ?
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