R v Kho [2012] NSWDC 232

R v Kho [2012] NSWDC 232

Mr Kho was sentenced on the basis that his role was less significant compared to his co-offenders, with consideration for his lack of prior convictions, hardship of serving a sentence as a foreign national, and principles of parity, resulting in a lower sentence than imposed for co-offenders and a non-parole period reflecting special circumstances.

Jurisdiction
Australia
Judgment Date
14 September 2012
Procedural Posture
Criminal / Sentence After Jury Trial
Outcome
Sentenced to imprisonment
Legal Topics
['sentencing' 'drug Offences' 'supply of Commercial Quantity of Heroin' 'parity in Sentencing']
['criminal Law'] ['sentencing' 'drug Offences' 'supply of Commercial Quantity of Heroin' 'parity in Sentencing']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Sentence After Jury Trial

Legal Issues

  1. 1 ['Determination of objective seriousness for supply of commercial quantity of heroin' "Assessment of offender's role in the offence" 'Appropriate sentence considering parity with co-offenders' 'Consideration of personal circumstances in sentencing']

Ratio Decidendi

Mr Kho was sentenced on the basis that his role was less significant compared to his co-offenders, with consideration for his lack of prior convictions, hardship of serving a sentence as a foreign national, and principles of parity, resulting in a lower sentence than imposed for co-offenders and a non-parole period reflecting special circumstances.

Court Disposition

Sentenced to imprisonment

Orders

  • ['Imprisonment commencing 16 January 2009' 'Non-parole period of seven years, expiring 15 January 2016' 'Head sentence of twelve years imprisonment' 'Order for destruction of drugs if not already destroyed']