DPP v Khalil [2016] VCC 764

Sentence summary: Trafficking (commercial quantity)

Police found 6.8 kilograms of the illegal drug 1,4-butanediol – often sold as a substitute for GBH – at the offender’s home. Four kilograms was in frozen form, with the remaining in liquid form. The offender’s mobile phone contained texts between him and his and co-offender relating to drug trafficking, and other texts related to trafficking to unknown people over a two day period.

The offender pleaded guilty to trafficking a commercial quantity of a drug of dependence 1,4-butanediol.

The judge noted the offender’s strict, physically abusive upbringing, his struggle with his sexuality and his long history of drug abuse. The offender had unsuccessfully attempted to address his drug addiction, but continued to express the desire to do so. The judge found the risk of relapse of drug use and offending was high.

The offender suffered from anxiety and depression, which were related to his offending. The judge found the impact of the offender’s mental health conditions would make prison more onerous on him. She also found that his moral culpability was reduced because his mental health condition were linked to his offending. But that this needed to be balanced against the significant amount of the drug and the seriousness of his offending.

A number of aggravating features were noted by the judge. The offender had breached two previous Community Correction Orders for previous drug-related offences. He was found in possession of three times the amount that qualifies as a commercial quantity. The text messages illustrated a significant level of drug trafficking business.

While general deterrence was an important sentencing consideration, the offender’s history and breaches meant specific deterrence was a relevant matter. Weighing all the factors, imprisonment was the only appropriate sentence.

The offender was sentenced to four years’ imprisonment with a non-parole period of two and a half years.

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Page last updated: 20 September 2019