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The Queen v Pham

[2015] HCA 39
Case number
M82/2015
Before
French CJ, Bell, Gageler, Keane, Nettle JJ
Catchwords

Criminal law – Sentencing – Federal offences – Consistency – Current sentencing practices – Whether sentencing courts to have regard to current sentencing practices throughout Commonwealth.

Criminal law – Appeals against sentence – Manifest excess or inadequacy – Sentencing statistics – Drug importation offences – Whether permissible to assess current sentencing practices by statistical analysis of correlation between sentence and quantity of drug imported.

Precedent – Intermediate appellate courts – Use of sentencing decisions of intermediate appellate courts.

Words and phrases – "consistency", "courier", "current sentencing practices", "statistics", "yardstick".

Crimes Act 1914 (Cth) – Pt IB.

Criminal Code (Cth) – s 307.2.

Judiciary Act 1903 (Cth) – s 68.

Sentencing Act 1991 (Vic) – s 5(2)(b).

Files
39.rtf (241.26 KB)
39.pdf (163.91 KB)