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Key decisions

  • Rabieh v R [2024] NSWCCA 154
  • Nosti v R [2024] NSWCCA 158

Rabieh v R [2024] NSWCCA 154

Supply prohibited drug – ‘knowingly take part’ – ‘suffers or permits’ – offending among joint tenants

In this decision, the Court of Criminal Appeal (‘CCA’) has considered what the Drug Misuse and Trafficking Act 1985 (NSW) means when it talks about ‘knowingly taking part’ in the supply of a prohibited drug. In particular, the Court has examined the inscrutable phrase ‘suffers or permits’ in the definition – and provided a blissfully concise summary of some of the principles. When it comes to joint tenants and the question of whether both people are liable for what happens in the premises, the Court has said the key question is control, which turns on the facts of the case, but that issue only arises where there is some evidence to suggest opposition by one of the parties.

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