R v Phuong PHAM [2009] NSWDC 362

R v Phuong PHAM [2009] NSWDC 362

The offender's significant role in a sophisticated, large-scale commercial drug enterprise involving very large quantities of cocaine and methylamphetamine, undertaken for financial gain and including liaison with Canada, physical removal and delivery of packages, made the offending at the higher end of the range and required a substantial custodial sentence, with limited allowance for the late guilty plea and some allowance for serving the sentence in a foreign country.

Jurisdiction
Australia
Judgment Date
10 December 2009
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea
Outcome
The offender was sentenced to imprisonment with a non-parole period of seven years dating from 19 May 2008 and a head sentence of eleven years.
Legal Topics
['sentencing' 'border Controlled Drug' 'cocaine' 'commercial Quantity' 'attempting to Possess a Commercial Quantity of Methylamphetamine' 'schedule Under S 16 Ba' 'serving Sentence in a Foreign Country']
['criminal Law'] ['sentencing' 'border Controlled Drug' 'cocaine' 'commercial Quantity' 'attempting to Possess a Commercial Quantity of Methylamphetamine' 'schedule Under S 16 Ba' 'serving Sentence in a Foreign Country']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for attempting to possess a commercial quantity of cocaine unlawfully imported into Australia.' 'What weight should be given to the scheduled offence of attempting to possess a commercial quantity of methylamphetamine under s 16BA.' "How the offender's role, drug quantity, guilty plea, absence of prior convictions, remorse, and imprisonment in a foreign country should affect sentence."]

Ratio Decidendi

The offender's significant role in a sophisticated, large-scale commercial drug enterprise involving very large quantities of cocaine and methylamphetamine, undertaken for financial gain and including liaison with Canada, physical removal and delivery of packages, made the offending at the higher end of the range and required a substantial custodial sentence, with limited allowance for the late guilty plea and some allowance for serving the sentence in a foreign country.

Court Disposition

The offender was sentenced to imprisonment with a non-parole period of seven years dating from 19 May 2008 and a head sentence of eleven years.

Orders

  • ['Non-parole period of seven years to date from 19 May 2008.' 'Head sentence of eleven years.' 'The offender will be eligible to be released to parole on 18 May 2015.']