Rabieh v R [2024] NSWCCA 154
Where the Crown case is based on knowing and willing participation, directions as to legal or practical incapacity to prevent the crime are not required; proof requires more than knowledge—it also requires willingness or active participation, and the directions given sufficiently conveyed this standard.
- Parties
- Applicant: Yosra Rabieh; Respondent: Rex
- Jurisdiction
- Australia
- Judgment Date
- 16 August 2024
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal dismissed (leave to appeal granted, but appeal dismissed)
- Legal Topics
- Appeal Against Conviction, Drug Offences, Consent and Participation, Jury Directions
Case Brief
Summary, issues, holding and outcome
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Parties
Yosra Rabieh
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 Whether the trial judge erred in jury directions regarding proof that the applicant knowingly took part in the supply of a prohibited drug
- 2 Whether a miscarriage of justice occurred due to inadequate directions regarding 'taking part' in the supply of a prohibited drug
Ratio Decidendi
Where the Crown case is based on knowing and willing participation, directions as to legal or practical incapacity to prevent the crime are not required; proof requires more than knowledge—it also requires willingness or active participation, and the directions given sufficiently conveyed this standard.
Court Disposition
Appeal dismissed (leave to appeal granted, but appeal dismissed)
Orders
- Grant the applicant leave to appeal from her convictions for taking part in the supply of large commercial quantities of a prohibited drug.
- Dismiss the appeal.
Full Case Text
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