What the Law states - Possessing Suspected Property - S10a Drugs Misuse Act

Section 9 of the Drug Misuse Act 1986 states:

A person who unlawfully has possession of a dangerous drug is guilty of a crime.

What the Police must prove - Possessing Suspected Property - S10a Drugs Misuse Act

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused had in his or her possession. Possession means physical control or custody. You do not possess a thing unless you have it or else can actually exercise dominion over it. Note that under section 129(1)(c) of the Drugs Misuse act proof that a dangerous drug was at the material time in or on a place of which that person was the occupier or concerned in the management or control is conclusive poof that the drug was then in the person's possession unless the person shows he or she neither knew or had reason to suspect that the drug was in or on that place.

2. It is a dangerous drug. Note however that under section 129 of the Drugs Misuse Act:

(a) it is not necessary to particularise the dangerous drug in respect of which the offence is alleged to have been committed; and

(b) that person shall be liable to be convicted as charged notwithstanding that the identity of the dangerous drug to which the charge relates is not proved to the satisfaction of the court that hears the charge if the court is satisfied that the thing to which the charge relates was at the material time a dangerous drug.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Which court will hear the matter - Possessing Suspected Property - S10a Drugs Misuse Act

Under section 13 of the Drugs Misuse Act 1986 certain (less serious with maximum penalties of less than 15 years) offences can be dealt with summarily in the Magistrates Court. These will be possession charges of quantities of Suspected Property- 10A less than the amounts specified in schedule 3 of the Drugs Misuse Regulations.

Other (more serious) offences will be indictable and will be heard in the District Court.

Maximum Penalty - Possessing Suspected Property - S10a Drugs Misuse Act

Maximum penalties of imprisonment will depend on the type of drug you have and the quantities you have it in.

The Drugs Misuse Regulations 1987 divide Suspected Property- 10A into more serious Schedule 1 drugs (eg. Amphetamine, Cocaine, Heroin) and less serious schedule 2 drugs (eg Cannabis, Barbital).