NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Van Cuong PHAM v R [2009] NSWCCA 266
HEARING DATE(S): 19 June 2009
JUDGMENT DATE: 30 October 2009
JUDGMENT OF: Young JA at 1; Hidden J at 2; Latham J at 3
DECISION: Leave to appeal granted, appeal dismissed.
CATCHWORDS: CRIMINAL LAW - application for leave to appeal against sentence - cultivating commercial quantity of prohibited plant by enhanced indoor means - whether sentence manifestly excessive
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Electricity Supply Act 1995
CATEGORY: Principal judgment
R v Godden [2005] NSWCCA 160 R v Quan [2006] NSWCCA 382 Huu Chien Nguyen v R [2007] NSWCCA 94 CASES CITED : R v Sciberras [2006] NSWCCA 268; (2006) 165 A Crim R 532 Truong v R [2006] NSWCCA 318 Van Cuong Nguyen v R [2008] NSWCCA 322 Truong v R [2009] NSWCCA 41 Thi Lan Nguyen v R [2009] NSWCCA 181
PARTIES: Van Cuong PHAM (Applicant) REGINA (Respondent)
FILE NUMBER(S): CCA 2008/16367
COUNSEL: H Dhanji (Applicant) V Lydiard (Respondent)
SOLICITORS: John Doolan (Applicant) S Kavanagh (Solicitor for Public Prosecutions)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2008/11/1080
LOWER COURT JUDICIAL OFFICER: Freeman DCJ
LOWER COURT DATE OF DECISION: 12 December 2008
IN THE COURT OF CRIMINAL APPEAL 2008/16367
YOUNG JA HIDDEN J LATHAM J
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