R v Pham [2019] NSWDC 709

R v Pham [2019] NSWDC 709

Although the offender's case on liability was not strong and his role was below that of the co-offender, his guilty plea admitted the elements of a serious commercial cannabis supply offence involving 137.656 kilograms of cannabis and a modified cultivation premises. Balancing objective seriousness below mid-range, the need for punishment, deterrence and denunciation, the absence of prior convictions, contrition and rehabilitation prospects, a 20% utilitarian discount for the late plea, parity considerations, time already served, limited English and lack of family support, the appropriate sentence was imprisonment for 3 years and 3 months with a non-parole period of 2 years commencing on...

Jurisdiction
Australia
Judgment Date
25 July 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Offender convicted and sentenced to imprisonment for 3 years and 3 months with a non-parole period of 2 years.
Legal Topics
['supply Prohibited Drug' 'large Commercial Quantity of Cannabis' 'guilty Plea Discount' 'parity in Sentencing' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing' 'drug Offences'] ['supply Prohibited Drug' 'large Commercial Quantity of Cannabis' 'guilty Plea Discount' 'parity in Sentencing' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for supplying a prohibited drug in not less than a large commercial quantity contrary to s 25 (2) Drug Misuse and Trafficking Act 1985.' "What objective seriousness should be attributed to the offender's role in the cannabis supply enterprise." 'What discount should be allowed for the late guilty plea.' 'Whether parity with the sentence imposed on co-offender Thuy Van Pham was required.' 'Whether special circumstances warranted a lesser custodial component and longer parole period.']

Ratio Decidendi

Although the offender's case on liability was not strong and his role was below that of the co-offender, his guilty plea admitted the elements of a serious commercial cannabis supply offence involving 137.656 kilograms of cannabis and a modified cultivation premises. Balancing objective seriousness below mid-range, the need for punishment, deterrence and denunciation, the absence of prior convictions, contrition and rehabilitation prospects, a 20% utilitarian discount for the late plea, parity considerations, time already served, limited English and lack of family support, the appropriate sentence was imprisonment for 3 years and 3 months with a non-parole period of 2 years commencing on...

Court Disposition

Offender convicted and sentenced to imprisonment for 3 years and 3 months with a non-parole period of 2 years.

Orders

  • ['The offender is convicted of the offence of supply the large commercial quantity of cannabis.' 'The offender is sentenced to imprisonment for 3 years and 3 months.' 'The custodial component is 2 years commencing on 27 October 2017 and expiring on 26 October 2019, at which point the offender will be eligible for...