Faraj v R [2022] NSWCCA 31

Faraj v R [2022] NSWCCA 31

Leave to appeal against conviction was granted, but the conviction appeal was dismissed because the telephone intercept evidence was admissible for the non-tendency purpose of showing that the applicant was in the business of drug dealing, the defence conduct made an anti-tendency direction a matter of forensic judgment, and the absence of such a direction did not compromise the fairness of the trial. Leave to appeal against sentence was granted, but the sentence appeal was dismissed because it was open to the sentencing judge to find beyond reasonable doubt that counts 1-3 involved 9,000 tablets and to assess the applicant's prospects of rehabilitation as slim on the whole of the evidence.

Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Criminal Appeal Against Convictions and Sentence / Application for Leave to Appeal Heard by the Court of Criminal Appeal
Outcome
Leave to appeal against convictions and sentence granted; appeals against convictions and sentence dismissed.
Legal Topics
['anti Tendency Direction' 'tendency Evidence' 'course of Conduct Evidence' 'drug Supply' 'proceeds of Crime' 'proof Beyond Reasonable Doubt on Sentence' 'prospects of Rehabilitation']
['criminal Law' 'evidence' 'sentencing' 'criminal Appeals'] ['anti Tendency Direction' 'tendency Evidence' 'course of Conduct Evidence' 'drug Supply' 'proceeds of Crime' 'proof Beyond Reasonable Doubt on Sentence' 'prospects of Rehabilitation']

Case Brief

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Procedural Posture

Criminal Appeal Against Convictions and Sentence / Application for Leave to Appeal Heard by the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred by failing to direct the jury on the permissible use of evidence of other alleged drug dealing by the applicant.' "Whether the absence of an anti-tendency direction compromised the fairness of the applicant's trial." 'Whether it was open to the sentencing judge to find beyond reasonable doubt that counts 1-3 involved the supply of 9,000 tablets.' 'Whether the sentencing judge erred in concluding that the applicant had slim prospects of rehabilitation.']

Ratio Decidendi

Leave to appeal against conviction was granted, but the conviction appeal was dismissed because the telephone intercept evidence was admissible for the non-tendency purpose of showing that the applicant was in the business of drug dealing, the defence conduct made an anti-tendency direction a matter of forensic judgment, and the absence of such a direction did not compromise the fairness of the trial. Leave to appeal against sentence was granted, but the sentence appeal was dismissed because it was open to the sentencing judge to find beyond reasonable doubt that counts 1-3 involved 9,000 tablets and to assess the applicant's prospects of rehabilitation as slim on the whole of the evidence.

Court Disposition

Leave to appeal against convictions and sentence granted; appeals against convictions and sentence dismissed.

Orders

  • ['Grant leave to the applicant pursuant to r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) to appeal against his convictions.' 'Dismiss the appeal against the convictions.' 'Grant leave to the applicant to appeal against sentence.' 'Dismiss the appeal against sentence.']