**Possession of Dangerous Drugs – Drugs Misuse Act Section 9**
A key issue when charged with possessing dangerous drugs is to determine whether or not you were actually in ‘possession’ of the drug.
To be convicted you need not have the drugs in your actual possession.
A key issue to consider is whether you are regarded as an occupier or concerned with the control of a premises.
Drugs being found on a premises where you are the occupier or are concerned with the control of, is conclusive evidence unless you can prove that you had no knowledge of the drugs being on the premises.
Some cases suggest a person should not be found guilty if they are unaware of the presence of the drugs.
- The owner of a Gym hides drugs in the change room ceiling of the Gym.
- Many people have access to and from the change room.
In these circumstances, it may be difficult for the Crown to prove beyond a reasonable doubt that you had knowledge or ought reasonably to have known about the presence of the drugs.
Alternatively, if the drugs were found under your bed, it may be much easier to prove that you had knowledge.
Possessing dangerous drugs is a serious offence and can attract serious consequences for your future.
Authors: Brendan Beavon – Solicitor
Trent Jones – Partner
Call: 1800 558 533