R v Pham

Pham was charged with multiple offences of possessing dangerous drugs with intent to supply. The case was heard in the County Court of Victoria. Pham was found guilty on all counts and the Crown sought a sentence of imprisonment. The defence sought a sentence that would allow for Pham's rehabilitation and stressed that Pham had no criminal record, was remorseful, and was unlikely to re-offend. The defence also emphasised Pham's drug addiction, which was a mitigating factor.
The court needed to determine the appropriate term of imprisonment and the non-parole period. The court also had to consider Pham's moral culpability, the maximum penalty for the offences, the need for denunciation and deterrence, and Pham's prospects of rehabilitation. The court considered Pham's lack of criminal history, his remorse, and his prospects of rehabilitation as mitigating factors. However, the court also noted the seriousness of the offences and the need for denunciation and deterrence.
The court held that Pham's lack of criminal history, his remorse, and his prospects of rehabilitation were significant mitigating factors. However, the court also held that the seriousness of the offences and the need for denunciation and deterrence required a sentence of imprisonment. The court sentenced Pham to an aggregate term of imprisonment of four years, one month, with a non-parole period of two years, eight months. The court also ordered Pham to participate in an intensive correction order.