R v PHAM [2002] NSWSC 621

R v PHAM [2002] NSWSC 621

The seriousness and circumstances of the murder, including its execution-style nature in a drug-dealing context, warrant a sentence significantly above the median for murder. The accused's age did not justify mitigation given the calculated and adult-like conduct, and parity was not applied due to manifest inadequacy of the co-offender's sentence. General deterrence and denunciation were prioritised.

Parties
Prosecutor: Regina; Accused: Bao Ngoc Pham
Jurisdiction
Australia
Judgment Date
25 June 2002
Procedural Posture
Criminal / Sentence
Outcome
The accused is sentenced to 25 years' imprisonment with a non-parole period of 20 years, both commencing on 5 October 2000.
Legal Topics
Murder, Sentencing, Parity, Youthful Offenders, General Deterrence
Criminal Law Murder Sentencing Parity Youthful Offenders General Deterrence

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Regina

Prosecutor

Bao Ngoc Pham

Accused

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Appropriate sentence for murder committed by youthful offender involved in drug-dealing enterprise
  2. 2 Application of parity principle in sentencing co-offenders
  3. 3 Weight to be given to age and lack of remorse in sentencing for murder involving firearms

Ratio Decidendi

The seriousness and circumstances of the murder, including its execution-style nature in a drug-dealing context, warrant a sentence significantly above the median for murder. The accused's age did not justify mitigation given the calculated and adult-like conduct, and parity was not applied due to manifest inadequacy of the co-offender's sentence. General deterrence and denunciation were prioritised.

Court Disposition

The accused is sentenced to 25 years' imprisonment with a non-parole period of 20 years, both commencing on 5 October 2000.

Orders

  • Imprisonment for a term of 25 years, commencing on 5 October 2000.
  • Non-parole period fixed at 20 years, commencing on 5 October 2000.