Khoury v The Queen

The case of Khoury v The Queen involved the applicant, who pleaded guilty to various offences, including agreeing to supply a large commercial quantity of a prohibited drug, namely cocaine, contrary to section 25(2) of the Drug Misuse and Trafficking Act 1985. The applicant was sentenced in the Supreme Court of Queensland. The applicant's supply involved a substance that was not a prohibited drug, but was deemed to be a prohibited drug under section 40(1) of the DMT Act. The applicant appealed against his sentence on the basis of an error in the consideration of the relevant factors, specifically regarding the sentencing for "drug rip-off" supply offences and the impact of "financial gain" as an aggravating factor under section 21A(2)(o) of the Crimes (Sentencing Procedure) Act 1999. The applicant argued that the assessment of the objective seriousness of the offence was flawed.

The court examined whether the primary judge erred in the sentencing process, particularly in relation to the application of the "drug rip-off" concept and the consideration of "financial gain" as an aggravating factor. The court noted that the applicant's supply involved a substance that was not a prohibited drug but was categorised as such under the DMT Act. The court considered the relevant factors for sentencing and the objective seriousness of the offence. The court concluded that no error was demonstrated in the assessment of the objective seriousness of the offence or in the application of the "financial gain" factor. The court found that the primary judge had appropriately considered the relevant factors and the objective seriousness of the offence, and had not erred in the sentencing process.

The appeal was dismissed by the court. The court held that the primary judge had not erred in the sentencing process, and the appeal was dismissed on the basis that no error was demonstrated. The court confirmed the sentence imposed by the primary judge and rejected the applicant's grounds of appeal.