Discovering drugs in your vehicle or residence can be alarming, but it’s important to understand that their mere presence doesn’t automatically render you guilty under Western Australian law. There is a requirement for the prosecution to prove certain criteria in order to secure a conviction for drug possession.
At Chambers Legal, we have a team of criminal defence lawyers well practiced in defending drug possession charges. Along with our expertise, we recognise the difficulty of facing a criminal accusation and will look to support you as we work toward the best possible outcome.
In this article, we explain how we construct defences for drug possession charges. If you would prefer to speak directly with a lawyer, contact Chambers Legal on (08) 9500 8915 or at [email protected].
What Are Drug Charges?
Drug charges refer to criminal offences involving the possession, manufacture, cultivation, supply or trafficking of prohibited substances under the Misuse of Drugs Act 1981.
These offences range in severity depending on the type and quantity of the drug involved, as well as the accused’s alleged intent. While minor charges may result in fines or diversion, serious drug offences can lead to lengthy prison terms and mandatory sentencing provisions.
The focus of this article, drug possession, is the act of having a prohibited substance in your custody or control, even temporarily. This can include in your car, your house or on your person.
Understanding Possession: Actual vs. Constructive
In Western Australia, there is more to ‘possession’ than just physically holding a substance.
An offence may be categorised as ‘constructive possession’, situations where the accused has control over the location where the drugs are found, even if they’re not on their person. This creates two types of possession under WA law:
- Actual possession: Having the drug on your person, such as in your pocket or bag.
- Constructive possession: Having control over the area where the drug is found (like your car or home) and being aware of its presence.
For example, if police find marijuana in a person’s jacket pocket, charges would likely follow under principle of actual possession. The person was physically holding the item. If, however, the same substance is found under a seat in their car and they’re the sole driver, the prosecution may argue constructive possession.
In both cases, the prosecution must prove the accused knew the drugs were there and had some form of control over them.
What Happens if Drugs are Found in Your Car or Home?
If police find drugs in a car, home or on the accused’s person, several steps typically follow. The accused may be:
- Arrested or charged on the spot, depending on the amount and context
- Given a court date to appear in the Magistrates Court
- Held in custody for serious offences involving supply or trafficking
- Interviewed by police, either voluntarily or under caution
From there, the police will assess the evidence and determine whether to proceed with formal charges. If those charges involve marijuana, the accused may also receive a Cannabis Intervention Requirement.
If you find yourself in these circumstances, it is important to contact a criminal defence lawyer as early as possible. Legal representation will protect your rights, explain your charges and outline the most viable options available to you.
What the Prosecution Must Prove
There are three main criteria the prosection must satisy for an accused person to be convicted of drug possession:
- The substance is a prohibited drug under the Misuse of Drugs Act 1981 (WA).
- You had knowledge of the drug’s presence.
- You had control over the drug or the premises where it was found.
Each of these elements must be conclusively proven beyond a resonable doubt. If that cannot be done, a conviction should not occur.
How Can a Drug Posession Charge be Defended?
If you have been caught with marijuana (or ‘weed’), pills or any other drug and have been charged with drug possession, several defences may be open to you:
- Lack of knowledge: Arguing that you were unaware of the drug’s presence.
- Lack of control: Demonstrating that you didn’t have control over the area where the drug was found.
- Unlawful search: Challenging the legality of the search that uncovered the drugs.
To be sure that you understand your charges and the defences that are viable, it is important to contact a lawyer as soon as possible. Each case is unique and not all defences will be applicable.
Contact Chambers Legal to Speak with a Perth Based Drug Offence Lawyer
If you find yourself facing drug possession charges, it’s crucial to consult with a legal professional promptly.
At Chambers Legal, we provide clear, practical advice to help you navigate the legal process. We pride ourselves on our integrity and transparency so that you can be sure that we are working for your best interests. Our legal advice is always provided in writing and paired with proper cost notice.
If you would like to discuss your situation and explore your legal options, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, we also offer free 15-minute phone consultations.