It doesn’t matter if it is a minor offence, or a very serious charge; if you are being investigated, or have been arrested and need to appear in Court, you need to get advice early from an experienced criminal defence lawyer who knows how the police and prosecutors work.
Don’t risk getting the best outcome for yourself and your loved ones. An experienced criminal defence lawyer will increase your chances of achieving the best outcome for your matter.
Possession isn’t the same as ownership. You can be in possession of a drug even if you don’t own it and haven’t used it. For example, if you know there are drugs in your share house the law says they’re in your possession even if they belong to someone else.
Section 129(1)(c) in the Drugs Misuse Act has the effect of deeming all people who occupy a house to be in possession of any drug found in the house unless they can show that they didn’t know and had no reason to suspect that the drugs were there.
Possession is about knowledge and control of the drug in question – the prosecution must prove that a person knew of the existence of the substance and it is within their physical control.
This provision also applies if drugs are found in a car – all of the people in the car at the time can be charged with possessing the drugs.