Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Pham (Sentence) [2021] NSWSC 528 Hearing dates: 10 May 2021 Date of orders: 13 May 2021 Decision date: 13 May 2021 Jurisdiction: Common Law Before: Wilson J Decision: (1) Khanh Xuan Pham is convicted of the murder of Goran Stevanovic, on 8 January 2019.
(2) For that crime, he is sentenced to a term of 30 years and 7 months imprisonment, to date from 13 January 2019, and expiring on 12 August 2049. There will be a non-parole period of 22 years and 11 months, which will expire on 12 December 2041.
Catchwords: CRIME – sentence – murder – objective seriousness of offending – judge alone trial – offender pleaded guilty to manslaughter – offender claimed self-defence – found guilty of murder – question of remorse – relevance of drug use – where offender mutilated body
Legislation Cited: Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Knight v R [2006] NSWCCA 292; (2006) 164 A Crim R 126
Category: Sentence Parties: Regina (Crown)
Khanh Xuan Pham (Accused)Representation: Counsel:
Solicitors:
D Daleo (Crown)
L Brasch (Accused)
Solicitor for Public Prosecutions (NSW) (Crown)
Mark Klees & Associates (Accused)
File Number(s): 2019/12346 Publication restriction: Nil
Judgment
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HER HONOUR: At around 3pm on 8 January 2019, Goran Stevanovic left his family home, telling his mother that he would see her later. He was expected at a family birthday celebration later that day, and it was not thought that his absence would be protracted. In fact, he did not return home, and his family never saw him again.
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Four days later, on 12 January 2019, Thi Hon Pham found Mr Stevanovic’s mutilated and decomposing body in the shower stall of her son’s studio apartment at Sadlier.
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The offender, Khanh Xuan Pham, was tried earlier this year for Mr Stevanovic’s murder, and found guilty of that crime. Murder is a crime contrary to s 18(1)(a) of the Crimes Act 1900 (NSW). It carries a maximum sentence upon conviction of life imprisonment. A standard non-parole period of 20 years imprisonment is specified by the Table to Division 1A of Part 4 of the Crimes (Sentencing Procedure) Act 1999 (NSW). These are the guideposts to which the Court must have regard in determining the sentence to be imposed.
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The offender now stands for sentence for Mr Stevanovic’s murder.
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The offender’s trial proceeded as a judge alone trial. In R v Pham [2021] NSWSC 196 (“the verdict judgment”) the Court set out the facts established by the evidence at trial; that decision should be read as the essential background to this judgment.
The Facts of the Crime
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For about three weeks prior to his murder on 8 January 2018 Mr Stevanovic was in occasional contact with the offender, for the purpose of purchasing illicit drugs from him. He…
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- AGLC
- R v Pham (Sentence) [2021] NSWSC 528
- Case
- [2021] NSWSC 528
- Decision Date
CaseChat Overview and Summary
The court considered the objective seriousness of the offending, noting that the appellant had killed the victim in a premeditated and calculated manner. The court also took into account the mitigating factors, such as the appellant's young age and the influence of drugs on his behaviour. However, the court found that the appellant's lack of remorse and the mutilation of the body were significant aggravating factors. The court held that a custodial sentence was necessary to reflect the gravity of the offending and to protect the community. The court imposed a sentence of 25 years imprisonment, with a non-parole period of 19 years.
The court rejected the appellant's argument that the sentence was excessive, noting that the sentence reflected the seriousness of the offending and the need to protect the community. The court also rejected the appellant's argument that drug use should be considered a mitigating factor, noting that drug use did not excuse the appellant's actions. The court held that the sentence was appropriate and proportionate to the offending.
The final orders of the court were that the appellant be imprisoned for a term of 25 years, with a non-parole period of 19 years. The appellant was also ordered to pay a fine of $5,000. The court held that the sentence was just and appropriate in the circumstances of the case.
Orders
Orders of the court
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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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