R v Pham (Sentence) [2021] NSWSC 528

R v Pham (Sentence) [2021] NSWSC 528

The sentence imposed reflects the grave seriousness of the murder, including premeditation, attack on an unarmed victim, subsequent mutilation of the body, theft, absence of credible remorse, and the offender's lengthy criminal history. No special circumstances for parole reduction are justified. The sentence is reduced by 10% for procedural efficiency, but otherwise reflects principles of general and specific deterrence.

Jurisdiction
Australia
Judgment Date
13 May 2021
Procedural Posture
Criminal / Sentencing
Outcome
Convicted of murder and sentenced.
Legal Topics
['murder' 'sentencing' 'objective Seriousness' 'judge Alone Trial' 'plea to Manslaughter' 'self Defence' 'remorse' 'drug Use' 'body Mutilation']
['criminal Law'] ['murder' 'sentencing' 'objective Seriousness' 'judge Alone Trial' 'plea to Manslaughter' 'self Defence' 'remorse' 'drug Use' 'body Mutilation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for murder' 'Assessment of objective seriousness' 'Consideration of mitigation factors such as remorse and rehabilitation' 'Impact of drug use and intoxication' 'Significance of post-mortem mutilation']

Ratio Decidendi

The sentence imposed reflects the grave seriousness of the murder, including premeditation, attack on an unarmed victim, subsequent mutilation of the body, theft, absence of credible remorse, and the offender's lengthy criminal history. No special circumstances for parole reduction are justified. The sentence is reduced by 10% for procedural efficiency, but otherwise reflects principles of general and specific deterrence.

Court Disposition

Convicted of murder and sentenced.

Orders

  • ['Khanh Xuan Pham is convicted of the murder of Goran Stevanovic, on 8 January 2019.' 'For that crime, he is sentenced to a term of 30 years and 7 months imprisonment, from 13 January 2019, expiring on 12 August 2049.' 'Non-parole period of 22 years and 11 months, expiring on 12 December 2041.']