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Key decisions

  • Salameh v R [2024] NSWCCA 239
  • Commissioner of NSW Police v Murphy [2024] NSWCA 311

Salameh v R [2024] NSWCCA 239

Supply prohibited drug – mental element – identity of drugs

The Court of Criminal Appeal (‘CCA’) sat a full bench in this case in order to set the record straight on the mental element in drug supply matters. They held the prosecution is not required to prove the accused knew the identity of the actual drug. All that is required is that the prosecution proves the accused knew or believed they possessed a prohibited drug – not what drug it was – and also knew the amount of the drug was of the order set out by law as relevant to the particular offence.

The applicant went to a brothel, and the prosecution case was that he administered fentanyl to a sex worker there (he was acquitted of this part of the allegation). The sex worker had a bad reaction and was hospitalised so police were involved. When they subsequently searched the applicant’s house, they found 175.4g of fentanyl in a sealed envelope, as well as a separate amount of 3.6g of that drug. They also found 152.3g of cocaine and about $30,000 in cash.

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