R v Anh Thai PHAM [2013] NSWDC 166

R v Anh Thai PHAM [2013] NSWDC 166

The offence was of middle objective seriousness due to the very high quantity and purity, but the offender's role was limited to warehousing, with no evidence of actual supply or significant involvement. Given the early guilty plea, lack of criminal record, steady employment, and low risk of reoffending, a head sentence of 13 years with a non-parole period of 9 years was appropriate, discounted for the guilty plea and reduced on account of special circumstances.

Jurisdiction
Australia
Judgment Date
19 June 2013
Procedural Posture
Criminal / Sentencing
Outcome
Convicted and sentenced
Legal Topics
['supply of Prohibited Drug' 'sentencing' 'large Commercial Quantity' 'warehousing Role' 'discount for Guilty Plea']
['criminal Law'] ['supply of Prohibited Drug' 'sentencing' 'large Commercial Quantity' 'warehousing Role' 'discount for Guilty Plea']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for supply of large commercial quantity of methylamphetamine' "Assessment of offender's role (warehousing)" 'Application of statutory maximum and standard non-parole period' 'Special circumstances for adjusting non-parole period' "Relevance of early guilty plea and offender's personal circumstances"]

Ratio Decidendi

The offence was of middle objective seriousness due to the very high quantity and purity, but the offender's role was limited to warehousing, with no evidence of actual supply or significant involvement. Given the early guilty plea, lack of criminal record, steady employment, and low risk of reoffending, a head sentence of 13 years with a non-parole period of 9 years was appropriate, discounted for the guilty plea and reduced on account of special circumstances.

Court Disposition

Convicted and sentenced

Orders

  • ['Convicted of supply large commercial quantity of a prohibited drug (methylamphetamine) under s 25(2) Drug Misuse and Trafficking Act 1985.' 'Sentenced to 13 years imprisonment commencing 25 July 2012.' 'Non-parole period fixed at 9 years, to expire 24 July 2021.' 'Balance of term (parole) of 4 years, to expire 24...