The drug does not need to be found on your person for you to be charged. If you are found to be ‘in control’ of the prohibited drug then you are still considered to be in possession of it. The most common examples of people considered being ‘in control’ of a drug are if you are stopped while driving and the drug was found in your car, or if a search was conducted on your house and a drug was found in the premises.
In order for the police to prove that you were in possession of a drug they need to establish:
1. That the drug is a prohibited drug;
2. You were in possession of a prohibited drug; and,
3. You knew it was in your possession, or you knew of its likely existence within your control.
If you are unsure if a drug is considered a prohibited drug a complete list of what are considered prohibited drugs can be found in Schedule 1 of the Drugs Misuse and Trafficking Act. The most common prohibited drugs found in accused person’s possession are Cannabis, Ice and various types of methamphetamines.
A defence to this charge is if you were not aware of the presence of the prohibited drug; however this can be difficult to prove as it only has to be shown that you thought it may be there.
The maximum penalties for this charge are up to 2 years imprisonment and a fine of up to 20 penalty units. These are significant penalties therefore it is important that you seek legal advice should you be charged with this offence.
Please note the answers provided are for your general information only and we ask you to call our office on 1800 650 656 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor