R v Pham [2020] NSWDC 376

R v Pham [2020] NSWDC 376

Given the offender's possession of 22.47 grams of heroin for supply, possession of a Taser, the Form 1 matters, his offending while on parole, the objective seriousness of the offences, guarded rehabilitation prospects, and the need for specific deterrence and community protection, full-time imprisonment was required. After applying a 25% guilty plea discount to indicative sentences of 5 years and 3 months for the drug offence and 18 months for the weapons offence, and allowing limited leniency on commencement date and special circumstances, an aggregate sentence of 6 years with a 4 year non-parole period was imposed.

Jurisdiction
Australia
Judgment Date
22 June 2020
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea
Outcome
Aggregate term of imprisonment of 6 years with a non-parole period of 4 years.
Legal Topics
['supply a Prohibited Drug' 'possess a Prohibited Weapon Without a Permit' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'guilty Plea Discount']
['criminal Law' 'sentencing'] ['supply a Prohibited Drug' 'possess a Prohibited Weapon Without a Permit' 'form 1 Offences' 'aggregate Sentence' 'non Parole Period' 'special Circumstances' 'guilty Plea Discount']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What aggregate sentence should be imposed for supplying a prohibited drug and possessing a prohibited weapon without a permit.' 'What indicative sentences should underpin the aggregate sentence.' "Whether the offender's parole status aggravated the offences." 'Whether the sentence should commence from the date of arrest or the expiry of the revoked parole balance.' 'Whether special circumstances justified varying the ratio between the head sentence and non-parole period.']

Ratio Decidendi

Given the offender's possession of 22.47 grams of heroin for supply, possession of a Taser, the Form 1 matters, his offending while on parole, the objective seriousness of the offences, guarded rehabilitation prospects, and the need for specific deterrence and community protection, full-time imprisonment was required. After applying a 25% guilty plea discount to indicative sentences of 5 years and 3 months for the drug offence and 18 months for the weapons offence, and allowing limited leniency on commencement date and special circumstances, an aggregate sentence of 6 years with a 4 year non-parole period was imposed.

Court Disposition

Aggregate term of imprisonment of 6 years with a non-parole period of 4 years.

Orders

  • ['The offender is sentenced to an aggregate term of imprisonment of 6 years.' 'A non-parole period of 4 years is fixed to date from 19 June 2019 and expire on 18 June 2023.' 'A balance of term of 2 years is fixed to date from 19 June 2023 and expire on 18 June 2025.' 'The confiscation order contained in the short...