R v Phan [2019] NSWDC 601

District Court New South Wales

Medium Neutral Citation: R v Phan [2019] NSWDC 601 Hearing dates: 02 October 2019 Date of orders: 02 October 2019 Decision date: 02 October 2019 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate term of imprisonment of 5 years 6 months with a non-parole period of 3 years 6 months Catchwords: CRIME — Drug offences — Cultivate prohibited plant — Knowingly take part in cultivation SENTENCING — Relevant factors on sentence — Form 1 offences SENTENCING — Relevant factors on sentence — General principles SENTENCING — Relevant factors on sentence — Multiple offences SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences SENTENCING — Relevant factors on sentence — Objective seriousness SENTENCING — Sentencing procedure — Reasons for sentence SENTENCING — Subjective considerations on sentence — Special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Drug Misuse and Trafficking Act 1985 Cases Cited: Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 No 1 of 2002 [2002] NSWCCA 518 Markarian v R [2005] HCA 25 Muldrock v The Queen [2011] HCA 39 R v Qutami [2001] NSWCCA 353 Tepania v The Queen [2018] NSWCCA 247 Category: Sentence Parties: Regina (Crown) Vinc Khac Phan (Offender) Representation: Matthew Dickinson (Crown) Michael Fokkes (counsel) (Offender)