R v Phan [2017] NSWDC 21

R v Phan [2017] NSWDC 21

A full-time custodial sentence is not required; a suspended sentence would be insufficient punishment. An Intensive Corrections Order offers both appropriate punishment and rehabilitation and is within the appropriate range for the objective seriousness of the offence.

Parties
Prosecution: The Crown; Offender: Philip Phan
Jurisdiction
Australia
Judgment Date
27 January 2017
Procedural Posture
Criminal / Sentence
Outcome
The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.
Legal Topics
Sentence, Drug Supply
Criminal Law Sentence Drug Supply

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Parties

The Crown

Prosecution

Philip Phan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate form of custodial sentence for the offender convicted of supplying methylamphetamine?

Ratio Decidendi

A full-time custodial sentence is not required; a suspended sentence would be insufficient punishment. An Intensive Corrections Order offers both appropriate punishment and rehabilitation and is within the appropriate range for the objective seriousness of the offence.

Court Disposition

The offender is referred for assessment as to his suitability to serve his sentence by means of an Intensive Corrections Order.

Orders

  • The matter is adjourned for assessment as to suitability for Intensive Corrections Order.
  • Set for further consideration on 17 March.