Regina v Pham [1999] NSWCCA 362

Regina v Pham [1999] NSWCCA 362

The sentencing judge erred in failing to find special circumstances for the applicant, given his youth, prospects of rehabilitation, and the need for a longer period of supervision on parole, as well as the minimum term imposed being the same as a co-offender who did not plead guilty. The appeal should be allowed and the sentence adjusted to reflect the finding of special circumstances.

Jurisdiction
Australia
Judgment Date
29 October 1999
Procedural Posture
Criminal Appeal / Appeal Against Severity of Sentence
Outcome
Appeal allowed
Legal Topics
['appeal Against Severity of Sentence' 'parity' 'special Circumstances in Sentencing']
['criminal Law'] ['appeal Against Severity of Sentence' 'parity' 'special Circumstances in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to find special circumstances under s5(2) of the Sentencing Act 1989 for the applicant' "Whether the applicant's sentence lacked parity with co-offenders who pleaded not guilty"]

Ratio Decidendi

The sentencing judge erred in failing to find special circumstances for the applicant, given his youth, prospects of rehabilitation, and the need for a longer period of supervision on parole, as well as the minimum term imposed being the same as a co-offender who did not plead guilty. The appeal should be allowed and the sentence adjusted to reflect the finding of special circumstances.

Court Disposition

Appeal allowed

Orders

  • ['Leave to appeal is granted.' 'The appeal is allowed.' 'The former sentence is quashed.' 'In lieu, a minimum term of three years and nine months commencing 14 March 1997 and expiring 13 December 2000 is imposed, with an additional term of two years and three months commencing 14 December 2000 and expiring 13 March...