High Court of Australia

The Queen v Pham [2015] HCA 39

4 Nov 2015

Case Number: M82/2015


French CJ, Bell, Gageler, Keane, Nettle JJ


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).


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