R v Saleh

The appellant, R v Saleh, was convicted by a jury of trafficking methylamphetamine contrary to the Controlled Substances Act 1984 (SA). The appellant was sentenced to four years imprisonment with a non-parole period of 19 months. The conviction followed the discovery of 8.28 grams of methylamphetamine in a toolbox within the appellant's residence, along with a "tick list" containing names and figures. While the appellant conceded the tick list was consistent with drug dealing, there was no forensic evidence directly linking him or his associate, Mr [V], to the drugs themselves. The prosecution's case was that the appellant possessed the drugs, either for his own sale or by storing them for another knowing they would be sold.

The appeal raised two grounds concerning the trial judge's directions to the jury. The first ground argued that the directions on possession were inadequate, failing to instruct the jury that they must exclude the possibility that the appellant merely acquiesced to Mr [V] hiding the drugs without intending to exercise custody or control. The second ground contended that the judge failed to direct the jury that if they were not satisfied beyond reasonable doubt of the appellant's possession for trafficking, the prosecution must prove beyond reasonable doubt that the appellant stored the drugs for someone else, knowing they were to be sold or that their sale was contemplated.

The Court dismissed the appeal against conviction, finding the directions on possession to be adequate. However, the appeal against sentence was allowed. The Court resentenced the appellant to two years and three months imprisonment with a non-parole period of 14 months. This sentence was suspended and ordered to be served by way of home detention, with the sentence and non-parole period backdated to 12 May 2017.