Pham v R [2021] NSWCCA 234

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pham v R [2021] NSWCCA 234 Hearing dates: 6 September 2021 Decision date: 01 October 2021 Before: Beech-Jones CJ at CL at [1]; R A Hulme J at [2]; Wilson J at [50] Decision: 1. Grant leave to appeal against sentence. 2. Allow the appeal. 3. Quash the sentence imposed in the District Court on 22 June 2020 and remit the matter for resentencing in the District Court. 4. List the matter in the District Court at Campbelltown for mention on 7 October 2021. Catchwords: CRIME – appeal against sentence – taking further offences into account – Crimes (Sentencing Procedure) Act 1999 (NSW), s 33 – error in Form 1 procedure – failure to ask offender personally about Form 1 offences – incorrect offence listed on Form 1 – English not offender's first language – ground upheld – remitted to District Court for resentencing CRIME – appeal against sentence – aggregate sentence – supplying a prohibited drug – possess a prohibited weapon – guilty plea – manifest excess – indicative sentence – sentencing statistics – quantity of drugs at lower end of indictable range – ground upheld Legislation Cited: Crimes Act 1914 (Cth), s 16BA Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 3 Div 3, s 54B(4) Drug Misuse and Trafficking Act 1985 (NSW), s 25(1) Weapons Prohibition Act 1998 (NSW), s 7(1) Cases Cited: Aslan v R [2014] NSWCCA 114 Ghalbouni v R [2020] NSWCCA 21 JM v R (2014) NSWCCA 297; (2014) 246 A Crim R 528 Kabir v R [2020] NSWCCA 139 LS v R [2020] NSWCCA 27 R v Brandt [2004] NSWCCA 3; 42 MVR 262 R v Felton [2002] NSWCCA 443; 135 A Crim R 328 R v McNaughton (2006) 66 NSWLR 566; [2006] NSWCCA 242 R v Pearce [2020] NSWCCA 61 Woodward v R [2017] NSWCCA 44 Category: Principal judgment Parties: Van Chien Pham (Applicant) Regina Representation: Counsel: Mr M Ramage QC (Applicant) Ms C Curtis (Crown)