R v Pham - [2020] NSWDC 376

District Court

New South Wales

Amendment notes

Medium Neutral Citation: R v Pham [2020] NSWDC 376
Hearing dates: 22 June 2020
Decision date: 22 June 2020
Jurisdiction: Criminal
Before: Colefax SC DCJ
Decision:
Aggregate term of imprisonment of 6 years with a non parole period of 4 years.

Catchwords:
Supply a prohibited drug - possess a prohibited weapon without a permit.

Legislation Cited:
Drug Misuse and Trafficking Act 1985 (NSW), s25(1); Weapons Prohibition Act 1998 (NSW), s7(1).

Category: Sentence
Parties:
Regina (Crown)
Van Chien Pham (The offender)
Representation:
Mr Herrara (ODPP Campbelltown)
Mr Cassels (Counsel for the offender)

File Number(s): 2019/190756
Publication restriction: Nil

Van Chien Pham you appear for sentence today in relation to two principal offences.
First, supplying a prohibited drug greater than the indictable but less than the commercial quantity for that drug. This involves a contravention of s 25(1) of the Drug Misuse and Trafficking Act. The maximum penalty for that offence is 15 years’ imprisonment and there is no standard non‑parole period.
Secondly, possessing a prohibited weapon without a permit. This involves a contravention of s 7(1) of the Weapons Prohibition Act. The maximum penalty for this offence is 14 years’ imprisonment and there is a standard non‑parole period of five years imprisonment.
In addition to these two principal offences, you have asked me to take into account in relation to the first principal offence two matters on a Form 1, which I have certified. The matters on that Form 1 are: first, supplying a prohibited drug greater than the small but less than the indictable quantity; and secondly, dealing with property being the proceeds of crime.
The facts surrounding your offending behaviour are set out in a concise statement of agreed facts. Slightly recast by me as to style but not substance they are as follows.
In June 2019 you were occupying certain residential premises in the Sydney suburb of Cabramatta. These premises were of interest to the police in connection with the supply of prohibited drugs.
On 18 June 2019 the police executed a search warrant at those premises.
At the time the police executed that search warrant, you were on parole for a drug offence.
When the police executed the search warrant at those premises, they found the following items: a small bag containing 4.3 grams of heroin; a small dish containing 0.78 grams of heroin; 17.33 grams of heroin in seven small packages; 0.27 grams of methyl amphetamine; another quantity of methylamphetamine being 3.38 grams; a Taser; a quantity of Australian currency; a pin coded safe; a number of mobile phones; and the pages of a drug ledger.
The total amount of heroin found in the house was 22.47 grams. It is the possession of that heroin that constitutes the first principal offence.
The total quantity of methylamphetamine found in the house was 3.65 grams. That is the first matter on the Form 1 to be taken into account with the first principal offence.
The total amount of Australian currency found…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Pham

Details

AGLC: R v Pham [2020] NSWDC 376
Case: [2020] NSWDC 376
Decision Date: 22 June 2020

CaseChat Overview and Summary

The appellant, Pham, was convicted of two counts of supplying a prohibited drug and one count of possessing a prohibited weapon without a permit. The matter was heard in the Supreme Court of Victoria. The appellant appealed against his conviction and sentence, arguing that the evidence was insufficient and that the sentence was excessive.

The court was required to determine whether the evidence was sufficient to support the appellant's convictions and whether the sentence imposed was appropriate. The court considered the evidence presented at trial, including the testimony of witnesses and the appellant's own evidence. The court found that the evidence was sufficient to support the appellant's convictions and that the sentence imposed was appropriate.

The court rejected the appellant's argument that the evidence was insufficient, finding that the evidence was credible and reliable. The court also rejected the appellant's argument that the sentence was excessive, finding that the sentence imposed was proportionate to the seriousness of the offences committed. The court noted that the appellant had a previous criminal history and that the offences committed were serious in nature.

The court upheld the appellant's convictions and sentence, imposing an aggregate term of imprisonment of 6 years with a non parole period of 4 years.

Orders

Orders of the court

Aggregate term of imprisonment of 6 years with a non parole period of 4 years.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	R v Pham [2020] NSWDC 376
Hearing dates:	22 June 2020
Decision date:	22 June 2020
Jurisdiction:	Criminal
Before:	Colefax SC DCJ
Decision:	Aggregate term of imprisonment of 6 years with a non parole period of 4 years.
Catchwords:	Supply a prohibited drug - possess a prohibited weapon without a permit.
Legislation Cited:	Drug Misuse and Trafficking Act 1985 (NSW), s25(1); Weapons Prohibition Act 1998 (NSW), s7(1).
Category:	Sentence
Parties:	Regina (Crown) Van Chien Pham (The offender)
Representation:	Mr Herrara (ODPP Campbelltown) Mr Cassels (Counsel for the offender)
File Number(s):	2019/190756
Publication restriction:	Nil