NSW Caselaw
Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pham v R [2020] NSWCCA 269 Hearing dates: 5 August 2020 Date of orders: 23 October 2020 Decision date: 23 October 2020 Before: Meagher JA at [1] Fullerton J at [2] Button J at [53] Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. Catchwords: CRIME – appeals – appeal against sentence - knowing participation in the cultivation of a large commercial quantity of cannabis plants - knowingly direct the activities of a criminal group – whether the sentencing judge erred in finding that the cultivation offence was aggravated pursuant to s 21A(2)(n) of the Crimes (Sentencing Procedure) Act Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: DPP (NSW) v Cornwall [2007] NSWCCA 359 Legge v R [2007] NSWCCA 244 SS v R; JC v R [2009] NSWCCA 114 Category: Principal judgment Parties: Hung Khac Pham (Applicant) The Crown (Respondent) Representation: Counsel: R Pontello SC (Applicant) E Wilkins SC (Crown)
Solicitors: Birchgrove Legal (Applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2018/213945 Decision under appeal Court or tribunal: District Court Date of Decision: 28 November 2019 Before: Bourke SC DCJ File Number(s): 2018/213945
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