Possession of DOD

Question 1

what is the offence section for Possession of a DOD in DPCSA 1981

Answer 1

s73

Question 2

outline the offence of s73 DPCSA 1981

Answer 2

The offence has two elements that the prosecution must prove beyond reasonable doubt:

1. That the substance in question was a “drug of dependence”; and
2. That the accused “possessed” that substance.

Question 3

for the offence of s73 DPCSA 1981

what other charges are used according to the basis on which it is alleged that the drugs were possessed:

Answer 3

• Section 5 Possession (Occupation);
• Section 5 Possession (Use, Enjoyment or Control);
• Common Law Possession.

Question 4

Outline s5 Possession (Occupation) DPCSA 1981

Answer 4

• This charge can be usedwhere it is alleged that the accused possessed a drug of dependence,
• the prosecution relied on the deeming provision in s5 of the Drugs, Poisons and Controlled Substances Act, and
• alleged that the accused occupied the land or premises on which the drug was found.

Question 5

Outline s5 Possession (Use, Enjoyment or Control)

Answer 5

This charge can be used where it is alleged that the accused possessed a drug of dependence

because s/he used, enjoyed or controlled the drug (for the purposes of s5 of the Drugs, Poisons and Controlled Substances Act)

Question 6

outline Common Law Possession

(Doctrine of precedent, judge made law)

Answer 6

You can also be found to have a drug of dependence in your possession if it is in your custody or control and you intended to possess it.