It is an offence to possess a drug of dependence in Victoria pursuant to s73 of the Drugs Poisons and Controlled Substances Act 1981 (Vic); (Drugs Act). The Prosecution must prove beyond reasonable doubt that:
Section 4 of the Drugs Act defines what a drug of dependence is, and a list of these illicit substances can be located in Schedule 11 of the Act.
Common drugs of dependence include (but are not limited to):
Some prescription drugs such as Valium and oxycodone are considered drugs of dependence.
It is important to note that this definition includes derivatives of these drugs, and that these substances fall within the definition of a drug of dependence even if they are contained within or mixed with another substance.
Possession of a drug of dependence can be proved in three ways:
By relying on the deeming provision in section 5 of the Drugs Act and proving that you used, enjoyed or controlled the drug.
This section of the legislation states that any substance ‘shall be deemed to be in the possession of a person so long as it is upon any land or premises occupied by him or is used, enjoyed or controlled by him in any place whatsoever, unless the person satisfies the court to the contrary’.
It is not necessary for the Prosecution to prove you intended to possess the drug if they can prove it was found on land or premises you occupied, or the drug is used, enjoyed or controlled by you. You then have the onus of proving you did not intend to possess the drug, that it was not in your custody or control, or had no knowledge of the drug at all.
These are often complex legal arguments that Slades & Parsons have significant experience in conducting.
The police have the power to search a person, an animal, or a vehicle (including a boat, vessel or aircraft), if they suspect on reasonable grounds that a drug of dependence will be found.
The police are further empowered to seize any device, instrument, or substance reasonably believed to be used for drug-related activities.
For possession that is not related to any purpose relating to trafficking:
For possession that is related to any purpose relating to trafficking:
Offences of possession are best dealt with by a lawyer. Depending on the quantity of drugs alleged, may be possible to obtain a Diversion where you have no disclosable outcome on your record.
Otherwise, financial penalties are most common for lower level quantities or adjourned undertakings, followed by Community Corrections Orders and in the most serious cases, imprisonment.
With over 35 years of experience in criminal law, our highly qualified criminal lawyers are here to provide you with legal advice and ensure that you understand your case entirely. They’re here to help you reach the best outcome.
Learn more about our drug charge lawyers and drug offences today. For further assistance, get in touch with the team at Slades and Parsons. Alternatively, you can contact one of our lawyers directly.
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