REGINA v. PHAN [2001] NSWSC 1069

REGINA v. PHAN [2001] NSWSC 1069

The risk to the offender and the value of his cooperation to the State, combined with the period of pre-sentence custody, justified suspending the two-year sentence and imposing a good behaviour bond with appropriate reporting conditions.

Parties
Prosecution: Regina; Offender: Vinh Ngoc Phan
Jurisdiction
Australia
Judgment Date
22 November 2001
Procedural Posture
Criminal / Sentence
Outcome
sentence imposed and suspended; offender released on good behaviour bond
Legal Topics
Sentence, Plea of Guilty, Accessory After the Fact to Murder, Cooperation, Undertaking to Give Evidence, Prior Custody, Bail
Criminal Law Sentence Plea of Guilty Accessory After the Fact to Murder Cooperation Undertaking to Give Evidence Prior Custody Bail

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 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecution

Vinh Ngoc Phan

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 appropriate sentence for accessory after the fact to murder
  2. 2 value and impact of offender's cooperation with authorities
  3. 3 consideration of prior custody in sentencing

Ratio Decidendi

The risk to the offender and the value of his cooperation to the State, combined with the period of pre-sentence custody, justified suspending the two-year sentence and imposing a good behaviour bond with appropriate reporting conditions.

Court Disposition

sentence imposed and suspended; offender released on good behaviour bond

Orders

  • Sentence of two years imprisonment from 22 November 2001.
  • Suspend execution of the whole sentence.