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

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When to Use this Checklist

This checklist can be used in possession cases in which the prosecution relied on the common law definition of possession.

It will need to be modified if it is alleged that the accused was authorised or licensed to possess the drug. See Checklist: Possession of a Drug of Dependence (Section 5 - Occupation - Disputed) for guidance.

Alternative Checklists

If the prosecution relied on the section 5 definition of possession, and alleged that the accused occupied the land or premises in question, use Checklist: Possession of a Drug of Dependence (Section 5 - Occupation - Simple) or Checklist: Possession of a Drug of Dependence (Section 5 - Occupation - Disputed).

 

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 Was the substance physically in the accused’s custody, or otherwise under the accused’s control?

If Yes, then go to 2.2

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

2.2 Did the accused intend to possess a drug of dependence?

Consider – Can you infer from all of the evidence that the accused intended to have custody or control of a drug of dependence?

If Yes, then 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)

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

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)