Regina v Hung Van PHAM [1999] NSWCCA 225

Regina v Hung Van PHAM [1999] NSWCCA 225

No error was shown in the sentence imposed by Morgan DCJ. The offence was very serious; the applicant willingly participated while armed with a knife; the sentencing judge took into account the relevant matters concerning the offence, the applicant, the additional goods in custody and receiving offences, and the position of the co-offenders. The same sentence as Mr Le's was properly related to his sentence and was correct.

Jurisdiction
Australia
Judgment Date
02 August 1999
Procedural Posture
Criminal Sentencing Appeal / Application for Extension of Time and Leave to Appeal Against Severity of Sentence
Outcome
Application for extension of time granted; application for leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'robbery in Company With Wounding' 'severity Appeal' 'parity' 'extension of Time' 'leave to Appeal']
['criminal Law'] ['sentencing' 'robbery in Company With Wounding' 'severity Appeal' 'parity' 'extension of Time' 'leave to Appeal']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Sentencing Appeal / Application for Extension of Time and Leave to Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the application for leave to appeal against sentence.' 'Whether leave to appeal against the severity of the sentence should be granted.' "Whether the sentencing judge made an error in imposing the same sentence as that imposed on Mr Le, having regard to the applicant's role, armed participation, personal circumstances, and other offences taken into account."]

Ratio Decidendi

No error was shown in the sentence imposed by Morgan DCJ. The offence was very serious; the applicant willingly participated while armed with a knife; the sentencing judge took into account the relevant matters concerning the offence, the applicant, the additional goods in custody and receiving offences, and the position of the co-offenders. The same sentence as Mr Le's was properly related to his sentence and was correct.

Court Disposition

Application for extension of time granted; application for leave to appeal granted; appeal dismissed.

Orders

  • ['Application for extension of time granted.' 'Application for leave to appeal granted.' 'Appeal dismissed.']