R v Korhani [2023] NSWDC 610

R v Korhani [2023] NSWDC 610

Given the seriousness of supplying a large commercial quantity of GBL, but also taking into account the offender’s relative youth, subjective hardships, lack of remorse, and the need for post-release supervision, a head sentence of 5 years 3 months with a non-parole period of 3 years 4 months is appropriate; special circumstances justify adjustment of the statutory ratio.

Parties
Crown: NSW DPP; Offender: Ferouk Korhani
Jurisdiction
Australia
Judgment Date
09 November 2023
Procedural Posture
Criminal / Sentencing After Conviction at Trial
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Sentencing, Supply Large Commercial Quantity of Prohibited Drug, Gamma Butyrolactone (gbl)
Criminal Law Sentencing Supply Large Commercial Quantity of Prohibited Drug Gamma Butyrolactone (gbl)

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Parties

NSW DPP

Crown

Ferouk Korhani

Offender

Procedural Posture

Criminal / Sentencing After Conviction at Trial

Legal Issues

  1. 1 What is the appropriate sentence for supplying a large commercial quantity of a prohibited drug (GBL) given the objective seriousness and the offender's subjective circumstances?
  2. 2 Is there justification for finding special circumstances when setting the ratio between head sentence and non-parole period?

Ratio Decidendi

Given the seriousness of supplying a large commercial quantity of GBL, but also taking into account the offender’s relative youth, subjective hardships, lack of remorse, and the need for post-release supervision, a head sentence of 5 years 3 months with a non-parole period of 3 years 4 months is appropriate; special circumstances justify adjustment of the statutory ratio.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Head sentence: 5 years, 3 months imprisonment (10/9/22–9/12/27)
  • Non-parole period: 3 years, 4 months (10/9/22–9/1/26)