Salameh v R [2024] NSWCCA 239

Salameh v R [2024] NSWCCA 239

An accused may be convicted under s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) if they know or believe they possess or supply a substance that is a prohibited drug, regardless of their knowledge or belief as to the specific identity of that drug; the 'commercial quantity' element refers to the actual prohibited drug possessed, not to what the accused thought it was.

Parties
Applicant: Shadi Salameh; Respondent: Rex
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Criminal Appeal / Court of Criminal Appeal, Conviction and Sentence Appeal
Outcome
Leave to appeal against conviction granted; appeal dismissed; leave to appeal against sentence refused
Legal Topics
Drug Offences, Statutory Interpretation, Appeals, Sentencing
Criminal Law Drug Offences Statutory Interpretation Appeals Sentencing

Case Brief

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Parties

Shadi Salameh

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal, Conviction and Sentence Appeal

Legal Issues

  1. 1 Whether s 25(2) Drug Misuse and Trafficking Act 1985 (NSW) requires knowledge of the actual prohibited drug and/or the relevant commercial quantity
  2. 2 What level of intent/knowledge is required for supply charges under s 25(2)
  3. 3 Whether sentencing judge erred in assessment of objective seriousness given applicant's lack of knowledge of the identity of drug

Ratio Decidendi

An accused may be convicted under s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) if they know or believe they possess or supply a substance that is a prohibited drug, regardless of their knowledge or belief as to the specific identity of that drug; the 'commercial quantity' element refers to the actual prohibited drug possessed, not to what the accused thought it was.

Court Disposition

Leave to appeal against conviction granted; appeal dismissed; leave to appeal against sentence refused

Orders

  • Grant the applicant leave to appeal from his convictions for taking part in the supply of a large commercial quantity and of a commercial quantity of a prohibited drug
  • Dismiss the appeal