R v Korhani [2023] NSWDC 610

District Court New South Wales

Medium Neutral Citation: R v Korhani [2023] NSWDC 610 Hearing dates: 28/8/23-1/9/23, 1/11/23, 9/11/23 Date of orders: 9/11/23 Decision date: 09 November 2023 Jurisdiction: Criminal Before: Bourke SC DCJ Decision: Convicted and sentenced to a term of imprisonment of 5 years 3 months with a NPP of 3 years 4 months (10/9/22-9/1/26). I find special circumstances. Catchwords: Crime – Sentence – Supply large commercial quantity of prohibited drug - GBL Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: Green v The Queen (2011) 244 CLR 462 Category: Sentence Parties: NSW DPP – Crown\ Ferouk Korhani - Offender Representation: Mr D Phillips for Crown Mr W Shukoor and Mr F Awada for Offender File Number(s): 21/354283

remarks on sentence 1. The offender, Mr Feruok Korhani, stood trial before a jury and myself between 29 August and 1 September 2023. On 1 September the jury found him guilty of the offence of supplying a large commercial quantity of a prohibited drug, the prohibited drug being a quantity of gamma butyrolactone, also known as GBL. The maximum penalty for that offence is life imprisonment and a standard non-parole period of 15 years is specified. I have taken into account the maximum penalty and the standard non-parole period as important guideposts in the sentencing exercise.

FACTS 1. The facts on which the offender is to be sentenced are to be determined by me, but must be consistent with the verdict of the jury. Matters in aggravation must be proved beyond reasonable doubt while mitigating matters need only be established on the balance of probabilities. I find the following facts. 2. In November 2021 police were investigating the activities of Mahmoud Karanouh in relation to the supply of gamma butyrolactone. Karanouh lived in a unit at Bourke Street, Waterloo. In the course of the police investigations they became aware of a Kurshed Alam who worked as a taxi driver, but who was also transporting drugs for Karanouh. As part of its investigation police intercepted certain telephone numbers and also used an undercover officer who was known as UCO 675. 3. On 15 November 2021 the UCO messaged Karanouh saying, "Hey, man, can I grab five drinks for tomorrow?", and, "Can you do five more for me tomorrow?", after which Karanouh replied, "Should be sweet." The words "five drinks" were a coded request for about five litres of GBL. 4. On 16 November 2021 the UCO messaged Karanouh again saying, "We good today, bro?", to which Karanouh replied by text saying, "Straight out, I've been trying to contact my people, but no answer. They know about today and everything fine, but today no answer." At about 11.16pm that day the offender and Karanouh spoke by telephone and in that conversation Karanouh said he could "move 5" tomorrow, to which the offender replied, "It can be done." In this conversation the two men were making reference to the offender sourcing five bottles of GBL. 5. On the morning of 17 November 2021 Karanouh messaged the UCO confirming that "he" was being picked up from Bankstown and telling the UCO to come over to Karanouh's unit. The "he" in this communication was a reference to this offender now before the Court. 6. At about 9.40am and 10am that day Karanouh spoke by telephone to the co-offender Mr Alam, the taxi driver, when Karanouh told Alam he wanted him to pick somebody up from Punchbowl and drive them to Karanouh's residence in Waterloo. Shortly after this, text messages were exchanged between Karanouh and the current offender to confirm an address from which Alam could collect the offender. 7. At about 10.55am Karanouh and the offender agreed that the taxi driver, Mr Alam, should meet the offender at an address in Reynolds Avenue, Bankstown. Around this same time the UCO and Karanouh exchanged messages confirming that "he", that is, the offender, was just being picked up from Bankstown and suggesting that the UCO come to Karanouh's address. 8. At about 11.10am the offender exited premises at Reynolds Avenue, Bankstown and entered the taxi driven by Alam which had been arranged by Karanouh. At about 11.40am that day the taxi driven by Alam with the offender as passenger arrived at Karanouh's address in Bourke Street, Waterloo where it entered the underground car park. The offender got out of the taxi with a backpack and was greeted by Karanouh. These actions were captured on CCTV recordings. 9. Around this time the UCO contacted Karanouh advising that he had arrived and Karanouh said he was coming down to meet him. Karanouh then left his unit and entered a vehicle being driven by the UCO and gave the UCO five plastic bottles which contained GBL to a quantity of about 4,918 grams of a purity of between 82 and 88 percent. The plastic bottles were inside a green and white Woolworth's plastic shopping bag which Karanouh removed from his backpack. The UCO gave Karanouh $17,500 cash and Karanouh exited the vehicle. 10. During this exchange the offender remained in Karanouh's apartment. Karanouh then returned to his unit after which he and the offender exited the foyer of the premises and the offender re-entered the taxi driven by Mr Alam and was driven back to premises at Reynolds Avenue, Bankstown which he entered. Very shortly after, the offender exited those premises carrying a red and white coloured "Nike" brand shoebox, walked back towards the passenger side of the taxi and then walked away no longer holding the shoebox. 11. The offender was arrested on 14 December 2021 at his unit in Reynolds Avenue, Bankstown. During a search of those premises police found clothing consistent with that worn by the offender on 17 November 2021 as well as a red Nike brand shoebox consistent with that seen by surveillance police in the offender's possession that day. 12. Those are the facts upon which I proceed to sentence.