R v Karagezian; R v Kupelian [2019] NSWDC 208

R v Karagezian; R v Kupelian [2019] NSWDC 208

Given the offenders' roles as collectors, limited involvement, lack of knowledge as to actual weight or purity, and uncharacteristic conduct in Karagezian's case, but also having regard to the commercial quantity and need for general deterrence, full-time custodial sentences are required, with reductions for early guilty plea and special circumstances for rehabilitation and family hardship.

Parties
Crown: Regina; Offender: Armen Karagezian; Offender: Anthony Kupelian
Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and custodial sentence for both offenders.
Legal Topics
Drug Offences, Sentencing, Supply Prohibited Drug, Commercial Quantity, Co Offenders
Criminal Law Drug Offences Sentencing Supply Prohibited Drug Commercial Quantity Co Offenders

Case Brief

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Parties

Regina

Crown

Armen Karagezian

Offender

Anthony Kupelian

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for each offender for attempt to possess for supply a commercial quantity of cocaine?
  2. 2 Do the subjective personal circumstances and prospects of rehabilitation affect the length and structure of the sentence?
  3. 3 Should special circumstances be found under the Crimes (Sentencing Procedure) Act 1999?

Ratio Decidendi

Given the offenders' roles as collectors, limited involvement, lack of knowledge as to actual weight or purity, and uncharacteristic conduct in Karagezian's case, but also having regard to the commercial quantity and need for general deterrence, full-time custodial sentences are required, with reductions for early guilty plea and special circumstances for rehabilitation and family hardship.

Court Disposition

Conviction and custodial sentence for both offenders.

Orders

  • Armen Karagezian sentenced to 4 years' imprisonment with non-parole period of 30 months (from 6 March 2019 to 5 September 2021) and balance of 1 year 6 months (from 6 September 2021 to 5 March 2023), with earliest parole eligibility on 5 September 2022.
  • Anthony Kupelian sentenced to 4 years 6 months' imprisonment with non-parole period of 38 months (from 19 October 2016 to 18 December 2019) and balance of 1 year 4 months (from 19 December 2019 to 18 April 2021), with earliest parole eligibility on 18 December 2019.