Aged 2 months short of 18th birthday at time of offence - born in Vietnam - completed year 5 in Vietnam, then attended school in Australia & completed year 9 - not attracted to learning - family life consisted of rigid routine of work & school, little socialisation or fun - drank alcohol mainly on weekends - did not use illicit drugs - formed relationship with young woman & has a young child - below average intelligence.Whether trial miscarried - whether verdict unreasonable - rulings - directions - common enterprise - witness evidence - self-defence - provocation - motive.PHAM, Bao Ngoc - CCA, 4.2.2005Sully, Dunford & Hidden JJCitation: R v Pham  NSWCCA 9Conviction and sentence appeal. Deceased was a wholesale drug dealer, described as being a mid-range distributor of heroin.
He & a co-offender met with the deceased, who was supposedly going to sell guns & ammunition to them. The co-offender was found guilty of the murder of the deceased & was sentenced to 13y 35w with a NPP of 10y 9w.At the time of the collision, the accused was under the influence of morphine & cannabis.The accused was committed for trial to the DC on an indictment containing a single count under s.52A(3)(a).Whether sentence excessive - whether sufficient weight given to appellant's youth - parity. Sentence appeal allowed: resentenced to 20y with NPP of 16y.LYKOURAS, Paul - CCA, 4.2.2005Sully, Hidden & Howie JJCitation: R v Lykouras  NSWCCA 8Application for leave to appeal against interlocutory order granting leave to the Crown to amend an indictment under s.20 of the Criminal Procedure Act; and Crown appeal against order for separate trials.
Aged 32 at time of sentencing - remorse - psychotic illness - auditory hallucinations - drug abuse - intended to continue experimenting with drugs - no priors.