R v Anh Thai PHAM [2013] NSWDC 166

District Court New South Wales

Medium Neutral Citation: R v Anh Thai PHAM [2013] NSWDC 166 Decision date: 19 June 2013 Before: Cogswell SC DCJ Decision: Convicted of supply large commercial quantity of a prohibited drug (methylamphetamine). Sentenced to 13 years imprisonment. Non-parole period 9 years. Catchwords: CRIMINAL LAW - Particular offences - supply large commercial quantity of a prohibited drug (methylamphetamine) - just over 19 kilograms - very high purity - offender kept locked metal chest containing drugs under bed for 2 months - received $4000 for minding chest - Sentence - relevant factors - gravity of offence - middle of range of objective seriousness - 19 times large commercial quantity - high purity - drugs stored for 2 months - offender had limited role - no greater than warehouser - no involvement with transportation or dealing - response to charges - early plea of guilty - 25 per cent discount - expressed regret - nature and circumstances of offender - 41 years old - no criminal record - steady employment - low risk of re-offending - prospects of rehabilitation reasonably good - Sentencing procedure - special circumstances for adjusting ratio between head sentence and non-parole period - lengthy amount of time in gaol, first custodial sentence, need for supervision on parole - offence of supply a prohibited drug (methoxymethamphetamine) taken into account on Form 1. Legislation Cited: Crimes (Sentencing Procedure) Act 1999, s 32. Drug Misuse and Trafficking Act 1985, s 25(2), s 39P. Cases Cited: Ayik v R [2013] NSWCCA 119. Muldrock v The Queen [2011] HCA 39; (2011) 120 CLR 120. R v El Helou [2010] NSWCCA 111; (2010) 267 ALR 734. R v Mahmud [2010] NSWCCA 219. Category: Sentence Parties: Regina (Crown) Anh Thai Pham (Offender) Representation: Counsel: J Peluso (Offender) Solicitor: Office of Director of Public Prosecutions (Crown) File Number(s): DC 2012/232015