Pham v R [2017] NSWCCA 75

Pham v R [2017] NSWCCA 75

The differential in aggregate sentences between the applicant and his co-offender was entirely justified by the differences in discounts for pleas and assistance, differences in culpability, and differences in the number and seriousness of offences. The sentence imposed on the applicant was not manifestly excessive and was within the reasonable range open to the sentencing judge. Therefore, there was no tenable basis for appeal and leave to appeal was refused.

Parties
Applicant: Dinh Khong Pham; Applicant: Dinh Khuong Pham; Respondent: Regina
Jurisdiction
Australia
Judgment Date
24 April 2017
Procedural Posture
Application for Leave to Appeal Against Sentence / Leave to Appeal Refused
Outcome
Leave to appeal against sentence refused
Legal Topics
Sentencing, Disparity in Sentence, Manifest Excess, Aggregate Sentences
Criminal Law Sentencing Disparity in Sentence Manifest Excess Aggregate Sentences

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Parties

Dinh Khong Pham

Applicant

Dinh Khuong Pham

Applicant

Regina

Respondent

Procedural Posture

Application for Leave to Appeal Against Sentence / Leave to Appeal Refused

Legal Issues

  1. 1 Whether there was unjustified disparity between sentences of co-offenders
  2. 2 Whether the applicant's sentence was manifestly excessive

Ratio Decidendi

The differential in aggregate sentences between the applicant and his co-offender was entirely justified by the differences in discounts for pleas and assistance, differences in culpability, and differences in the number and seriousness of offences. The sentence imposed on the applicant was not manifestly excessive and was within the reasonable range open to the sentencing judge. Therefore, there was no tenable basis for appeal and leave to appeal was refused.

Court Disposition

Leave to appeal against sentence refused

Orders

  • Leave to appeal against sentence refused