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7.6.3.2 - Checklist: Possession of a Drug of Dependence (Section 5 - Occupation - Simple)

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When to Use this Checklist

This checklist can be used in possession cases in which:

  • The prosecution relied on the section 5 definition of possession; and
  • The prosecution alleged that the accused occupied the land or premises on which the drug was found; and
  • The defence did not submit that the accused did not have custody or control of the drug, did not intend to possess the drug, or was authorised or licensed to possess the drug.

    Alternative Checklists

If the prosecution relied on the accused’s occupation of the relevant land or premises, and the defence made any of the submissions outlined above, use Checklist: Possession of a Drug of Dependence (Section 5 - Occupation - Disputed).

If the prosecution relied on the common law definition of possession, use Checklist: Possession of a Drug of Dependence (Common Law Possession).

 

The Elements

Two elements the prosecution must prove beyond reasonable doubt :

  1. The substance in question was a drug of dependence; and
  2. The accused possessed that substance.

 

A Drug of Dependence

1. Was the substance in question a "drug of dependence"?

Consider – [Insert name of drug] is a "drug of dependence".

If Yes, then go to 2

If No, then the Accused is Not Guilty of
Possession of a Drug of Dependence

Possession of a Drug

2. Did the accused possess the substance in question?

2.1 Did the accused occupy the [land / premises] in question?

Consider – Was the accused in practical control of that property?

If Yes, then go to 2.2

If No, then the Accused is Not Guilty of
Possession of a Drug of Dependence

2.2 Was the substance in question found [on that land / in those premises]?

If Yes, then the Accused is Guilty of
Possession of a Drug of Dependence
(as long as you also answered Yes to questions 1 and 2.1)

If No, then the Accused is Not Guilty of
Possession of a Drug of Dependence

 

Last updated: 11 May 2010

See Also

7.6.3 - Possession of a Drug of Dependence

7.6.3.1 - Charge: Possession of a Drug of Dependence (Section 5 Possession - Occupation)

7.6.3.3 - Checklist: Possession of a Drug of Dependence (Section 5 - Occupation - Disputed)

7.6.3.4 - Charge: Possession of a Drug of Dependence (Section 5 Possession – Use, Enjoyment or Control)

7.6.3.5 - Charge: Possession of a Drug of Dependence (Common Law Possession)

7.6.3.6 - Checklist: Possession of a Drug of Dependence (Common Law Possession)