Faraj v R [2022] NSWCCA 31

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Faraj v R [2022] NSWCCA 31 Hearing dates: 11 February 2022 Decision date: 23 February 2022 Before: Gleeson JA at [1]; Harrison J at [2]; Adamson J at [3] Decision: (1) Grant leave to the applicant pursuant to r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) to appeal against his convictions. (2) Dismiss the appeal against the convictions. (3) Grant leave to the applicant to appeal against sentence. (4) Dismiss the appeal against sentence. Catchwords: APPEALS — From jury verdict — Misdirection or non-direction — whether an anti-tendency direction was required — where trial counsel did not seek an anti-tendency direction — whether trial judge erred by not giving direction SENTENCING — Appeal against sentence — whether fact on which sentence was based was proved beyond reasonable doubt — whether it was open to trial judge to find existence of fact beyond reasonable doubt SENTENCING — Appeal against sentence — whether trial judge erred in assessing prospects of rehabilitation — whether it was open to trial judge to assess prospects as slim Legislation Cited: Crimes Act 1900 (NSW), s 193B Drug Misuse and Trafficking Act 1985 (NSW), s 25 Evidence Act 1995 (NSW), s 97 Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 4.15 Cases Cited: Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Hamilton (a pseudonym) v The Queen [2021] HCA 33; (2021) 95 ALJR 894 Harriman v The Queen (1989) 167 CLR 590; [1989] HCA 50 Quach v The Queen [2002] NSWCCA 519; (2002) 137 A Crim R 345 R v Isaacs (1997) 41 NSWLR 374 Sultana v R (1994) 74 A Crim R 27 The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54 Category: Principal judgment Parties: Adib Hassib Faraj (Applicant) Regina (Respondent) Representation: Counsel: T Game SC / P Lange (Applicant) E Balodis (Respondent)