Event and Time
Event Description
- On 14 June 2023, Hien The Pham, aged 20, was arrested and charged with attempting to possess a commercial quantity of methamphetamine between 22 and 27 May 2023, and possession of cannabis found at the time of his arrest.
Application and Claims
- Mr. Pham applied for bail after being refused previously by a magistrate on 31 July 2023. The legal burden was on him to establish exceptional circumstances for bail to be granted.
Judicial Decisions
- The court found that exceptional circumstances existed that justified the grant of bail and ruled that there was no unacceptable risk to community safety in releasing Mr. Pham.
Dispute Points and Legal Basis
Dispute Points
- Claim by Mr. Pham's Counsel (Mr. Richter):
- Mr. Pham's age (19 at the time of offences) and lack of prior convictions. - The lengthy time until the trial date would be inappropriate for a young person to remain in custody. - His mother would act as a surety and provide stable employment and support. - Mr. Pham showed motivation for rehabilitation and engagement with treatment programs.
- Claim by the Prosecution (Ms. Karamicov):
- Mr. Pham has not discharged the onus to prove exceptional circumstances. - Concerns were raised regarding the adequacy of the treatment regime to prevent potential reoffending.
Ruling and Impact
Ruling Result
- The court ruled to grant bail to Mr. Pham with a surety of $10,000 and imposed several specific conditions. The decision was based on:
- Lack of prior convictions. - The support system from his mother. - The structured involvement with the Court Integrated Services Programme (CISP). - The assessment of Mr. Pham's limited knowledge of the drug operation.