R v Ho Thien Chuong PHAM [2011] NSWDC 74

R v Ho Thien Chuong PHAM [2011] NSWDC 74

The offence falls at the lower end of the middle of the range of objective seriousness due to Pham's subordinate role as courier and limited involvement. The maximum penalty, standard non-parole period, and comparative sentences were considered. Special circumstances (age, first custody, rehabilitation needs) justify reducing the non-parole period below the normal ratio. A total sentence of thirteen and a half years was imposed with a non-parole period of nine and one-half years.

Jurisdiction
Australia
Judgment Date
14 July 2011
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced
Legal Topics
['sentencing' 'supply Large Commercial Quantity of Prohibited Drug' 'plea of Guilty' 'objective Seriousness' 'discount for Early Plea' 'non Parole Period' 'special Circumstances' 'drug Offences']
['criminal Law'] ['sentencing' 'supply Large Commercial Quantity of Prohibited Drug' 'plea of Guilty' 'objective Seriousness' 'discount for Early Plea' 'non Parole Period' 'special Circumstances' 'drug Offences']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for supplying a large commercial quantity of prohibited drug under s 25(2) of the Drug Misuse and Trafficking Act 1985?' "Does the offender's role and circumstances justify a reduction in the standard non-parole period?"]

Ratio Decidendi

The offence falls at the lower end of the middle of the range of objective seriousness due to Pham's subordinate role as courier and limited involvement. The maximum penalty, standard non-parole period, and comparative sentences were considered. Special circumstances (age, first custody, rehabilitation needs) justify reducing the non-parole period below the normal ratio. A total sentence of thirteen and a half years was imposed with a non-parole period of nine and one-half years.

Court Disposition

convicted and sentenced

Orders

  • ['Non-parole period of nine and a half years imprisonment from 6 July 2010 to 5 January 2020.' 'Additional term of four years imprisonment from 6 January 2020 to 5 January 2024.' 'Total sentence: thirteen and a half years imprisonment.' 'Earliest parole eligibility: 5 January 2020.']