R v Pham [2020] NSWDC 868

District Court New South Wales

Medium Neutral Citation: R v Pham [2020] NSWDC 868 Hearing dates: 29/10/20 Date of orders: 29/10/20 Decision date: 29 October 2020 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to imprisonment for 3 years 10 months with a NPP of 2 years (31/7/19-30/7/21). I find special circumstances. I take the Form 1 into account. Seq 2 on the s166 certificate is withdrawn and dismissed. Catchwords: Crime – Sentence – Cultivate large commercial quantity of cannabis Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Le v R [2019] NSWCCA 181 Nguyen v The Queen [2019] NSWCCA 131 Phan v The Queen [2020] NSWCCA 168 R v Zanker [2016] NSWSC 1653 Category: Sentence Parties: NSW DPP – Crown Manh Tung Pham - Offender Representation: Mr S Jaeger for Crown Mr E James for Offender File Number(s): 2019/238252

SENTENCE 1. Mr Manh Tung Pham is for sentence today in relation to an offence of cultivate large commercial quantity of cannabis. The maximum penalty for that offence is 20 years' imprisonment, and a standard non parole period of ten years is specified. The maximum penalty and standard non parole period are important guideposts for me to have regard to in the sentencing exercise. The offender pleaded guilty at an early stage and he is entitled to a 25% discount on the sentence that would otherwise have been imposed. Before I proceed to the facts, I also note that the offender asks that in sentencing him for the cultivate offence I take into account on a Form 1 document a further offence of supply commercial quantity of cannabis.