Salama v R [2023] NSWCCA 141

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Salama v R [2023] NSWCCA 141 Hearing dates: 28 April 2023 Decision date: 21 June 2023 Before: Wright J at [1] Wilson J at [2] Fagan J at [60] Decision: (1) Leave to appeal is granted; (2) The appeal is dismissed. Catchwords: CRIME – appeal against sentence – offences of possessing a precursor intending it to be used in the manufacture of prohibited drug – other offences taken into account on sentence – joint sentence hearing of co-offenders at first instance – question of the use made by sentencing judge of evidentiary material relevant only to a co-offender – whether error in assessment of objective gravity Legislation Cited: Crimes Act 1900 (NSW), s 148 Crimes (Sentencing Procedure) Act 1999 (NSW), s 33 Drug Misuse and Trafficking Act 1985 (NSW), ss 24A(1)(a), 25(1) Inclosed Lands Protection Act 1901 (NSW), s 4(1)(B) Cases Cited: Decision Restricted [2023] NSWCCA 10 Elias v R; Issa v R (2013) 248 CLR 483; [2013] HCA 31 Higgins v R [2020] NSWCCA 169 JG v R [2023] NSWCCA 33 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Martellotta v R [2021] NSWCCA 168 McDowall v R [2019] NSWCCA 29 Thorp v R [2022] NSWCCA 180 Unity Pty Ltd v SafeWork NSW [2018] NSWCCA 266 Category: Principal judgment Parties: Mark Salama (Applicant) Rex (Respondent) Representation: Counsel: I McLachlan (Applicant) M Swift (Respondent)