County Court Judge Michael Bourke sentenced the 27-year-old to seven-and-a-half years’ imprisonment but refused the prosecution’s application for Khodr to repay just $78,200 of the hand-out.
He said the Balwyn North man, who will serve a minimum term of five years, would not be in any position to repay the debt when released from jail.
Khodr was on a suspended sentence when police contacted him through a car advertisement he placed on online trading site Gumtree and began buying increasing quantities of ice from him.
Following a request, Khodr also sold a semi-automatic pistol and ammunition to undercover police for $10,500.
He was arrested in February 2014 — around the time his only child was born — at a staged drug sale meeting, turned police raid.
The court heard it was not clear how much Khodr profited from the sales.
Judge Bourke said he had a “substantial number of prior court appearances” for violence, dishonesty, drug, property and firearms offences.
The court heard Khodr suffered psychological symptoms — including anxiety and depression — and cognitive effects from an acquired brain injury, which made him more immature and prone to impulsive behaviour and “mindless aggression”.
The judge found this did not reduce his moral culpability for the offending, which required consideration and organisation, but would make his time in prison more difficult.
Khodr, originally charged with 24 offences, pleaded guilty to trafficking a large commercial quantity of the drug ice — which carries a maximum term of life imprisonment — and being a prohibited person in possession of a firearm.
Judge Bourke said the offending was “extremely serious” because ice was “highly damaging to our community” but ordered a lower than normal non-parole period, saying Khodr had some prospects of rehabilitation.
He ordered that the six-month suspended sentence for offences including making a threat to kill, possessing steroids and weapons and assaulting police be served at the same time.
No penalty was imposed for the charge of breaching a suspended sentence.
“No wobbly?” he joked.
“I thought I was the gift that keeps on giving.”
His co-accused, 28-year-old Logo Afuie — who helped Khodr source the drugs that were sold to police — will be sentenced next week.
heraldsun.com.au 30 Jan 2015
The so called 'judge' who made the ruling should have a judicial review instigated against him.
This is the state of the legal system in Australia, where criminals can get away keeping the proceeds of crime.
There is one proviso though, it only applies to those who are supported by the corrupt legal system.
Criminals Rule in Australia.