R v Kho

The defendant, Kho, was convicted by a jury of supplying a commercial quantity of heroin. The appeal against conviction was dismissed, and the matter proceeded to a sentencing hearing. The court was required to determine an appropriate sentence in light of the defendant's role in the supply of a significant quantity of a dangerous drug. The primary legal issue was the appropriate length of the sentence, with a particular focus on the sentence imposed by another judge in a similar case.

The court considered the nature of the offence, the defendant's criminal history, and the principle of parity in sentencing. It noted that while the sentence imposed in a previous case could provide a benchmark, each case must be assessed on its own facts. The court determined that the defendant's role was significant, given the quantity of drugs involved, and that the sentence should reflect the seriousness of the offence. The court imposed a sentence consisting of a non-parole period of seven years and a head sentence of twelve years, recognising the need for a sentence that would adequately deter and reflect the community's denunciation of such conduct.