Regina v PHAM [2004] NSWCCA 263

Regina v PHAM [2004] NSWCCA 263

The term 'court' in s59 of the Crimes (Sentencing Procedure) Act 1999 refers to the institution of the Court of Criminal Appeal and not specifically to the same judges who quashed or varied the original sentence, so the current bench had power to perform the variation sought by the Crown.

Parties
Appellant: Regina; Respondent: Vu Ngoc PHAM
Jurisdiction
Australia
Judgment Date
28 July 2004
Procedural Posture
Criminal Appeal / Application for Variation of Sentence Commencement Under S59 Crimes (sentencing Procedure) Act 1999
Outcome
Application allowed
Legal Topics
Variation of Sentence Commencement, Construction of 'court' in Sentencing Legislation
Criminal Law Sentencing Variation of Sentence Commencement Construction of 'court' in Sentencing Legislation

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Parties

Regina

Appellant

Vu Ngoc PHAM

Respondent

Procedural Posture

Criminal Appeal / Application for Variation of Sentence Commencement Under S59 Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 Whether the reference to 'court' in s59 of the Crimes (Sentencing Procedure) Act 1999 refers to the institution or only the original sentencing bench
  2. 2 Whether the Court of Criminal Appeal, differently constituted, may vary the commencement of another sentence after quashing a sentence

Ratio Decidendi

The term 'court' in s59 of the Crimes (Sentencing Procedure) Act 1999 refers to the institution of the Court of Criminal Appeal and not specifically to the same judges who quashed or varied the original sentence, so the current bench had power to perform the variation sought by the Crown.

Court Disposition

Application allowed

Orders

  • The sentence imposed by Acting Judge Stewart on 19 September 2003 is varied pursuant to section 59 of the Crimes (Sentencing Procedure) Act 1999 so that the sentence commences on 24 March 2000 and expires on 23 September 2010 and the non-parole period commences on 24 March 2000 and expires on 23 March 2006.