Khoury v R [2020] NSWCCA 190

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Khoury v R [2020] NSWCCA 190 Hearing dates: 4 June 2020 Date of orders: 4 August 2020 Decision date: 04 August 2020 Before: Johnson J at [1] Davies J at [95] Ierace J at [96] Decision: 1. Grant leave to appeal against sentence.

2. Appeal against sentence dismissed. Catchwords: APPEAL - sentence - applicant pleaded guilty to offences including agreeing to supply large commercial quantity of a prohibited drug (cocaine) contrary to s.25(2) Drug Misuse and Trafficking Act 1985 ("DMT Act") - applicant supplied substance which was not a prohibited drug - deemed to be prohibited drug under s.40(1) DMT Act - relevant factors on sentence for "drug rip-off" supply offences - "financial gain" as aggravating factor under s.21A(2)(o) Crimes (Sentencing Procedure) Act 1999 - assessment of objective seriousness of offence - error not demonstrated - appeal dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Drug Misuse and Trafficking Act 1985 Road Transport Act 2013 Cases Cited: Aoun v R [2011] NSWCCA 284 Diri v R [2019] NSWCCA 319 Hejazi v R (2009) 217 A Crim R 151; [2009] NSWCCA 282 Lee v R [2019] NSWCCA 15 Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25 Mulato v R [2006] NSWCCA 282 R v Addison (1993) 70 A Crim R 213 R v Dendic and Mazzeo (1987) 34 A Crim R 40 R v El Sage; R v Khoury [2019] NSWDC 826 R v Kalpaxis (2001) 122 A Crim R 320; [2001] NSWCCA 119 R v Kijurina [2017] NSWCCA 117 R v Smith [2002] NSWCCA 378 R v Yaghi (2002) 133 A Crim R 490; [2002] NSWCCA 396 Texts Cited: --- Category: Principal judgment Parties: Anthony Khoury (Applicant) Regina (Respondent) Representation: Counsel: Mr RJ Webb (Applicant) Mr E Balodis (Respondent)