What is Possession of an illegal drug ?
Possession is one of the most common drug offences. Possession means having a drug on you or in a house or property you occupy. You can be charged with possession of drugs if drugs are found in a car you own, or you are driving.
An offence of possess prohibited Drug is an offence which is to be dealt with in the Local Court
The nature and mental element of possession were considered in the case of He Kaw The v R (1985) 157 CLR 523 which states it is for the Crown to prove the accused knew of the existence of the drug in his/her physical custody or control.