Pham v R [2011] NSWCCA 3

Pham v R [2011] NSWCCA 3

No error or miscarriage of justice was demonstrated. The sentencing judge's findings regarding the applicant's credibility and role were open to him based on the evidence. The sentence was appropriate, and leave to appeal is granted but the appeal is dismissed.

Parties
Applicant: Tuan Van Pham; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
07 February 2011
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Appellate Decision
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Drug Cultivation, Sentencing, Credibility of Evidence
Criminal Law Drug Cultivation Sentencing Credibility of Evidence

Case Brief

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Parties

Tuan Van Pham

Applicant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Appellate Decision

Legal Issues

  1. 1 Whether sentence was excessive
  2. 2 Whether the sentencing judge erred in findings about the applicant's role and knowledge
  3. 3 Whether the sentencing proceedings miscarried due to prosecution conduct

Ratio Decidendi

No error or miscarriage of justice was demonstrated. The sentencing judge's findings regarding the applicant's credibility and role were open to him based on the evidence. The sentence was appropriate, and leave to appeal is granted but the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed