R v Pham [2019] NSWDC 286

R v Pham [2019] NSWDC 286

The Court imposed a two year sentence of imprisonment for cultivation of cannabis to be served by way of Intensive Correction Order, taking into account the offender's extreme personal circumstances, low risk of reoffending, remorse, young age, and the exceptional impact full-time imprisonment would have on her child.

Parties
Prosecution: Crown; Offender: Thi Ngoc Pham
Jurisdiction
Australia
Judgment Date
31 May 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to 2 years imprisonment by way of Intensive Correction Order.
Legal Topics
Sentencing, Cultivation of Prohibited Plant, Intensive Corrections Order
Criminal Law Sentencing Cultivation of Prohibited Plant Intensive Corrections Order

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Parties

Crown

Prosecution

Thi Ngoc Pham

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for knowingly taking part in the cultivation of a large commercial quantity of cannabis?
  2. 2 Whether an intensive correction order is appropriate in lieu of full-time imprisonment given the offender's circumstances.

Ratio Decidendi

The Court imposed a two year sentence of imprisonment for cultivation of cannabis to be served by way of Intensive Correction Order, taking into account the offender's extreme personal circumstances, low risk of reoffending, remorse, young age, and the exceptional impact full-time imprisonment would have on her child.

Court Disposition

Convicted and sentenced to 2 years imprisonment by way of Intensive Correction Order.

Orders

  • The sentence of imprisonment is to be served by way of Intensive Correction Order (ICO) for 2 years.
  • The offender must comply with standard ICO conditions, including supervision.