R v Pham [2020] NSWDC 623

R v Pham [2020] NSWDC 623

A significant sentence of imprisonment is warranted for knowingly taking part in the cultivation of a large commercial quantity of cannabis, though the offender occupied a relatively low-level role and is otherwise of good character, with early plea of guilty and substantial mitigating factors justifying a reduced sentence and non-parole period below the standard.

Jurisdiction
Australia
Judgment Date
22 September 2020
Procedural Posture
Criminal / Sentencing
Outcome
Sentence of imprisonment imposed; conviction entered.
Legal Topics
['drug Offences' 'cultivation of Prohibited Plants' 'sentencing' 'mitigating Factors' 'non Parole Period']
['criminal Law'] ['drug Offences' 'cultivation of Prohibited Plants' 'sentencing' 'mitigating Factors' 'non Parole Period']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for cultivation of prohibited plant (cannabis) in a quantity greater than large commercial quantity' 'Application of standard non-parole period provisions' 'Proper discount for plea of guilty' 'Assessment of objective gravity and level of culpability' "Relevance of offender's personal circumstances (good character, likelihood to re-offend, hardship in custody)"]

Ratio Decidendi

A significant sentence of imprisonment is warranted for knowingly taking part in the cultivation of a large commercial quantity of cannabis, though the offender occupied a relatively low-level role and is otherwise of good character, with early plea of guilty and substantial mitigating factors justifying a reduced sentence and non-parole period below the standard.

Court Disposition

Sentence of imprisonment imposed; conviction entered.

Orders

  • ['Offender convicted of the offence as charged.' 'Sentence of 3 years and 3 months imprisonment commencing 18 August 2019.' 'Non-parole period of 1 year and 9 months expiring 17 May 2021.' 'Balance of term (1 year 6 months) expiring 17 November 2022.']