Drugs
3. Possession of Illegal Drugs
Firm / Chambers:
Last updated: 21 Jul 2015
- The prosecution must prove that the drugs were in your immediate physical possession and control such as in your pockets.
- The fact you rent a house or own a car does not necessarily mean that you own all the items inside. If someone else has drugs in the house or car but you do not own the drugs or have control over them you will not be guilty of possession.
- Custody or control includes momentary possession passing the drugs on to another by hand.
- To prove possession the prosecution must be able to show that you were aware you had the drugs in your custody or control that you knew they were or were likely to be illegal.
- Your actual knowledge of possession must be proved.
- Knowledge of possession can be inferred from the surrounding circumstances in which the drugs were found. If you are found with drugs on your body a court will usually assume you knew about the drugs. It will be hard to argue that you didn’t know or have control over what was in your pocket or handbag.
- Similarly where drugs are stored in a private part of your house such as your bedroom it is reasonable to assume you were in possession of drugs.
- If drugs are found in an area that is accessed by many people it will be harder for the prosecution to show beyond reasonable doubt that any particular occupant of the house was in possession of the drugs. This may include areas like the kitchen of a share house.
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