R v Phuong; R v Lewan

The matter before the Full Court of the Supreme Court of South Australia concerned appeals against sentence by the appellants, Phuong and Lewan. Phuong was convicted of one count of trafficking in a controlled drug, and Lewan was convicted of nine counts of trafficking in a controlled drug and one count of attempted aggravated causing harm with intent to cause harm. Phuong received a sentence of two years and 10 months' imprisonment with an 18-month non-parole period, while Lewan was sentenced to a total of four years and five months' imprisonment with a three-year non-parole period, with his sentences for the trafficking and causing harm offences to be served cumulatively.

The primary legal issues before the court were whether the sentences imposed on the appellants were manifestly excessive, and in Lewan's case, whether there was a lack of parity between his sentence and those of co-offenders involved in the same drug trafficking operation. The court was required to consider the appellants' roles within the drug ring, the quantity and nature of the drugs involved, and the sentencing outcomes for other individuals implicated in the operation.

The court reasoned that while the sentencing judge had correctly identified the seriousness of the offences and the need for general deterrence, the sentences imposed on both appellants were excessive. In relation to Phuong, the court found that his role as a mid-level trafficker did not warrant the sentence imposed, particularly when compared to the sentences of other offenders. For Lewan, the court determined that the cumulative nature of his sentences, combined with the length of the non-parole period, was disproportionate to his offending and the sentences given to comparable offenders. The court applied the principles of sentencing, including the need to consider the individual circumstances of the offender, the gravity of the offence, and the need for parity among co-offenders.

The Full Court allowed the appeals. Phuong's sentence was reduced to two years' imprisonment with a one-year non-parole period. Lewan's sentence was also reduced, with the court imposing a sentence of three years and four months' imprisonment for the trafficking offences and a concurrent sentence of 13 months for the attempted causing harm offence, resulting in a total sentence of three years and four months' imprisonment with a non-parole period of two years and six months.