Pham v R [2019] NSWCCA 211

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pham v R [2019] NSWCCA 211 Hearing dates: 28 August 2019 Date of orders: 04 September 2019 Decision date: 04 September 2019 Before: Gleeson JA at [1] Johnson J at [2] Fagan J at [3] Decision: 1. Appeal allowed. 2. Sentences imposed in the District Court on 21 May 2018 set aside. 3. In lieu thereof: (a) On charge No H127586502/1 of aggravated break, enter and commit serious indictable offence, sentenced to imprisonment commencing 11 October 2017 for 4 years and 7 months with a non-parole period of 3 years and 6 months. (b) On charge No H127586502/3 of common assault sentenced to imprisonment commencing on 11 September 2017 for a fixed term of 4 months. Catchwords: CRIMINAL LAW – appeals – appeal against sentence – manifest excess – s 112(2) Crimes Act – aggravated break and enter and commit serious indictable offence – assault occasioning actual bodily harm – s 59(1) Crimes Act – difficulty placing objective seriousness on a scale for the offence under s 112(2) – appeal allowed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Attorney General's Application under s37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Dinsdale v The Queen (2000) 202 CLR 321 R v Meatuai [2016] NSWCCA 42 Category: Principal judgment Parties: Hoang Huy Pham - applicant Regina - respondent Representation: Counsel: A Fraser - applicant D Patch - respondent