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Salameh v R [2024] NSWCCA 239
The Court of Criminal Appeal (‘CCA’) sat a full bench in this case in order to set the record straight on the mental element in drug supply matters. They held that the prosecution is not required to prove that the accused knew the identity of the actual drug. All that is required is that the prosecu
Rabieh v R [2024] NSWCCA 154
In this decision the Court of Criminal Appeal (‘CCA’) has considered what the Drug Misuse and Trafficking Act 1985 means when it talks about ‘knowingly taking part’ in the supply of a prohibited drug. In particular, the Court has examined the inscrutable phrase ‘suffers or permits’ in the definition
R v Busby [2018] NSWCCA 136
In a decision that has potentially wide-reaching ramifications for drug supply matters, the Court of Criminal Appeal (‘CCA’) has found that the relevant quantity level for a prohibited drug (‘small’, ‘traffickable’, ‘indictable’, ‘commercial’, ‘large commercial’) must be for the drug that the accuse