PHAM v R [2009] NSWCCA 25

PHAM v R [2009] NSWCCA 25

The sentence imposed on the applicant was not manifestly excessive and appropriately reflected the seriousness of the offence, the amount of drug involved, and the applicant's role. There was no parity error as the sentences imposed on co-offenders reflected their roles, charges, and sentencing findings, and no justifiable sense of grievance arose. Hardship to the applicant's family and to the applicant due to a child's disability did not amount to exceptional or special circumstances warranting further reduction or leniency in sentence.

Parties
Applicant: Minh Tan Pham; Respondent: Regina
Jurisdiction
Australia
Judgment Date
17 February 2009
Procedural Posture
Sentence Appeal / Court of Criminal Appeal Application for Leave to Appeal; Appeal Determination
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Appeal, Drug Offences, Parity, Manifestly Excessive Sentence, Hardship to Family Members
Criminal Law Sentencing Appeal Drug Offences Parity Manifestly Excessive Sentence Hardship to Family Members

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Parties

Minh Tan Pham

Applicant

Regina

Respondent

Procedural Posture

Sentence Appeal / Court of Criminal Appeal Application for Leave to Appeal; Appeal Determination

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether there was unjustified disparity between applicant's sentence and co-offenders' sentences
  3. 3 Whether hardship to family members and applicant constitutes special or exceptional circumstances

Ratio Decidendi

The sentence imposed on the applicant was not manifestly excessive and appropriately reflected the seriousness of the offence, the amount of drug involved, and the applicant's role. There was no parity error as the sentences imposed on co-offenders reflected their roles, charges, and sentencing findings, and no justifiable sense of grievance arose. Hardship to the applicant's family and to the applicant due to a child's disability did not amount to exceptional or special circumstances warranting further reduction or leniency in sentence.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.