Pham v R [2010] NSWCCA 208

New South Wales Court of Criminal Appeal

CITATION: Pham v R [2010] NSWCCA 208

HEARING DATE(S): 2 September 2010

JUDGMENT DATE: 17 September 2010

JUDGMENT OF: Macfarlan JA at 1; Simpson J at 2; Hall J at 51

DECISION: Leave to appeal granted, appeal dismissed.

CATCHWORDS: CRIMINAL LAW – particular offences – drug offences - knowingly taking part in the supply of not less than the large commercial quantity of a prohibited drug - CRIMINAL LAW – application for leave to appeal against sentence – whether error in finding no evidence of real contrition or remorse – whether error in assessment of objective criminality – whether failure to take into account nature of drug as precursor – whether failure to provide reasons for finding that matter fell into middle range of objective seriousness for purpose of application of standard non-parole period – no error found

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985

CATEGORY: Principal judgment

Adams v The Queen [2008] HCA 15; 234 CLR 143 R v Baleisuva [2004] NSWCCA 344 CASES CITED : R v Butters [2010] NSWCCA 1 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383 R v Way [2004] NSWCCA 131; 60 NSWLR 168

PARTIES: Kim Thanh Pham (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2008/14562

COUNSEL: P J Hamill SC/M G Coroneos (Applicant) J A Girdham (Respondent)

SOLICITORS: Hanby & Associates (Applicant) S Kavanagh (Solicitor for Public Prosecutions) (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2008/14562