Rabieh v R [2024] NSWCCA 154

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Rabieh v R [2024] NSWCCA 154 Hearing dates: 5 August 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Before: Basten AJA at [1]; Garling J at [53]; N Adams J at [54] Decision: (1) Grant the applicant leave to appeal from her convictions for taking part in the supply of large commercial quantities of a prohibited drug. (2) Dismiss the appeal. Catchwords: CRIME – appeals – appeal against convictions – knowingly taking part in supply of a prohibited drug – large commercial quantities of methylamphetamine found on premises jointly leased by applicant and her husband – jury directions – directions sought as to (i) applicant's power as joint tenant to prevent the storage of drugs on premises by co-tenant and (ii) inability of applicant to prevent storage of drugs on premises by husband – directions inappropriate where prosecution case based on knowing and willing participation by applicant WORDS AND PHRASES – "take part in" – "permit" Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Drug Misuse and Trafficking Act 1985 (NSW), ss 3, 6, 25 Cases Cited: R v Jasper [2003] NSWCCA 186; 139 A Crim R 329 R v Sanewski [1987] 1 Qd R 374 R v Sheen [2007] NSWCCA 45; 170 A Crim R 533 R v Von Snarski [2001] QCA 71; 121 A Crim R 205 Regina v Lonie & Groom [1999] NSWCCA 319 Regina v Tao [1977] 1 QB 141 Samuels v Centofanti [1967] SASR 251 Category: Principal judgment Parties: Yosra Rabieh (Applicant) Rex (Respondent) Representation: Counsel: I Nash (Applicant) A Bonnor (Respondent)