R v Jame PHAN (also known as Van Linh DANG) [2016] NSWSC 483

Supreme Court New South Wales

Medium Neutral Citation: R v Jame PHAN (also known as Van Linh DANG) [2016] NSWSC 483 Hearing dates: 18 March 2016 Date of orders: 21 April 2016 Decision date: 21 April 2016 Jurisdiction: Common Law - Criminal Before: Mathews AJ Decision: 1. Sentenced to an aggregate term of imprisonment consisting of a non-parole period of 14 years, commencing on 12 October 2013 and expiring on 11 October 2027, together with a balance of term of six years, commencing on 12 October 2027 and expiring on 11 October 2033. 2. The first date on which the Offender will be eligible for release on parole is 11 October 2027. Catchwords: CRIMINAL LAW – Sentencing – murder together with four offences of aggravated armed robbery – felony murder and accessorial liability – very low level of objective culpability for murder – offender with difficult background – a number of relatively minor previous offences – four robberies committed within one week – aggregate sentence imposed for all five offences. Legislation Cited: Crimes Act 1900, s.97(2) Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999, s.21A Cases Cited: JM v R [2014] NSWCCA 297 Muldrock v R [2011] HCA 25; (2005) 228 CLR 357 R v Jacobs and Mehajer (2004) 151 A Crim R 452 Category: Sentence Parties: Office of the Director of Public Prosecutions (Crown) Jame PHAN (also known as Van Linh DANG) (Offender) Representation: Counsel: S Herbert (Crown) S Corish (Offender) Solicitors: Director of Public Prosecutions (Crown) Purcell Lawyers (Offender) File Number(s): 2013/307179