Drug Possesion in Aus

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1st June 2005, 11:37 AM
dazzler

Drug Possesion in Aus

Hi everyone,

Just thought that it would be worth explaining Drug Possession in Australia.

In Australia-

Say someone decides to import an illegal drug or send it around the country for distribution
.
It gets detected at customs or Austpost or there is a tipoff.

The police can substitute the drugs and deliver it to your address in person and have you sign for it.

If you accept the package you are deemed to be in possession.

Now you can say that you didnt know it was drugs, that baggage handlers put it in or even an ex wife or elvis has set you up.

But.......you have to raise enough doubt in the magistrate/judges mind that you are telling the truth. IE: you must prove your innocence.

Any different to Ms Corby?

cheers

dazzler
1st June 2005, 01:01 PM
flea1607

Quote:

Originally Posted by dazzler

The police can substitute the drugs and deliver it to your address in person and have you sign for it.

If you accept the package you are deemed to be in possession.

dazzler

Two questions

1st - If they have substituted the drugs with a non drug equivalent like sugar, what are you deemed to be in possession of. Couldn't you just tell the judge it was only sugar?:D

2nd - If the police do the delivery, are not they in possession and there for should be arrested? :D
1st June 2005, 02:34 PM
nic

Not the same, if the parcel contains drugs or they were hidden, well then yes you are guilty, even if the cops set you up.
What else were you expecting to get in the package ?

If you want to winge about it go complain to your mate who sent the parcel !!!

nic
1st June 2005, 03:58 PM
outback

Quote:

Originally Posted by nic

Not the same, if the parcel contains drugs or they were hidden, well then yes you are guilty, even if the cops set you up.
What else were you expecting to get in the package ?

If you want to winge about it go complain to your mate who sent the parcel !!!

nic

More clamps?
1st June 2005, 04:04 PM
Stylesy

Nic,

What if it was put this way:
I order a boogie board (complete with bag) from a mate who owns a surf shop in Sydney. When it arrives at my residence, I sign for it. Next thing I know, I'm arrested - why? Because along with the board there's 4kg of cannabis (or substitute) in the bag.

Now the questions raised (and sure to be asked) are:
Did I know that my mate put it in there?
Did I accept receipt, and therefore possession of the bag?

Not many questions, but at the end of the day the original onus of proof is on the police and prosecution - was I in possession of an illegal drug? Of course I was, I'd accepted receipt and had it in my possession. (Maybe I was stupid by not checking the bag first, but that doesn't change the fact that I was legally in possession.)

Ok, so the prosecution has proven their case for possession. Now it's up to me and my defence team to show a lawful reason why I had it, or to come up with enough evidence to put reasonable doubt in the magistrate's mind. If I can't do that, I may be found guilty.

Hmmm, this all sounds familiar.......... :rolleyes:
1st June 2005, 04:15 PM
silentC

What if I was walking to the train to go to the airport when without my knowledge I stepped on a block of hash dropped by someone else and when I arrived at the airport, the sniffer dogs picked it up stuck in the tread of my boot. Am I in possession of narcotics?
1st June 2005, 04:17 PM
dazzler

Quote:

Originally Posted by Stylesy

Nic,

What if it was put this way:
I order a boogie board (complete with bag) from a mate who owns a surf shop in Sydney. When it arrives at my residence, I sign for it. Next thing I know, I'm arrested - why? Because along with the board there's 4kg of cannabis (or substitute) in the bag.

Now the questions raised (and sure to be asked) are:
Did I know that my mate put it in there?
Did I accept receipt, and therefore possession of the bag?

Not many questions, but at the end of the day the original onus of proof is on the police and prosecution - was I in possession of an illegal drug? Of course I was, I'd accepted receipt and had it in my possession. (Maybe I was stupid by not checking the bag first, but that doesn't change the fact that I was legally in possession.)

Ok, so the prosecution has proven their case for possession. Now it's up to me and my defence team to show a lawful reason why I had it, or to come up with enough evidence to put reasonable doubt in the magistrate's mind. If I can't do that, I may be found guilty.

Hmmm, this all sounds familiar.......... :rolleyes:

Hi Stylsy,

My point exactly.....you accepted the package.....you have possession.

This is why the shock jocks and the aussies who are slagging the indons need to pull thier heads in :mad:.

cheers
1st June 2005, 05:34 PM
nic

Quote:

Originally Posted by Stylesy

Nic,

Hmmm, this all sounds familiar.......... :rolleyes:

Yep, but if you were innocent, would you base your defence solely on:
-"It wasn't mine",
-By the way my brother is a convicted drug delaer and
-my only witness is another convicted criminal, how heard seomthing about someone who can't be named

Hey with all the legalish talk going around here maybe there should be somesort "Woodworkers backyard legal court" or something, where your guilt would be judged acroding to how many tools you have or somthing like that.

Also maybe we could change the name from NOTHING AT ALL TO DO WITH WOODWORK to NOTHING AT ALL TO DO WITH WOODWORK or SCHAPELLE

serioulsy she is guilty everyone knows it deep down :D :D :D :D

nic
1st June 2005, 05:45 PM
bitingmidge

Quote:

Originally Posted by silentC

What if I was walking to the train to go to the airport when without my knowledge I stepped on a block of hash dropped by someone else and when I arrived at the airport, the sniffer dogs picked it up stuck in the tread of my boot. Am I in possession of narcotics?

Maaaate,

They'd be a wake-up to that.

That's the oldest trick in the book.

You'd have to convince them that they weren't your boots and you don't know how they got onto your foot.

Anyway, you'd probably get arrested for wearing ripple soled desert boots even if you hadn't stepped in the hash.

Cheers,

P (Flat leather soulman from now on!)
:D :D :D
1st June 2005, 06:01 PM
Stylesy

Quote:

You'd have to convince them that they weren't your boots and you don't know how they got onto your foot.

In a previous life, I arrested many people for drug possession, and they usually provided you with the best (read funniest, tell the mates over beers later) excuses. Even got hit with the classic "but they're not my pants!!" excuse :D Which is why I urge everyone to check the pants they're wearing - do you know where your pants have been? :p

Oh, also copped such lines as "but it's not illegal :rolleyes: ", "it's prescribed by my doctor :confused: ". Number 1 on the list was always "it's not mine" though.
1st June 2005, 07:07 PM
Gingermick

Quote:

Originally Posted by silentC

I stepped on a block of hash

Am I in possession of narcotics?

Only if the hash puts you to sleep.:)
1st June 2005, 07:24 PM
DanP

Quote:

Originally Posted by flea1607

1st - If they have substituted the drugs with a non drug equivalent like sugar, what are you deemed to be in possession of. Couldn't you just tell the judge it was only sugar?:D

2nd - If the police do the delivery, are not they in possession and there for should be arrested? :D

1st - your intention is to be in possession of illicit drugs and you believed them to be illicit drugs. That is enough.

2nd - Police are exempt if they are given authority by a Snr Sgt in relation to a specific operation. Ner Ner. :p

Dan
1st June 2005, 07:29 PM
flea1607

Quote:

Originally Posted by DanP

Ner Ner. :p

Dan

ROFLMAO:D
1st June 2005, 11:03 PM
AlexS

Quote:

Originally Posted by bitingmidge

Anyway, you'd probably get arrested for wearing ripple soled desert boots .....(Flat leather soulman from now on!)
:D :D :D

...and so you should be! :D
1st June 2005, 11:11 PM
craigb

Quote:

Originally Posted by bitingmidge

Anyway, you'd probably get arrested for wearing ripple soled desert boots

Are these what were previously known as Brothel Creepers? :confused:
1st June 2005, 11:34 PM
bitingmidge

Quote:

Originally Posted by craigb

Are these what were previously known as Brothel Creepers? :confused:

In some quarters.

I believe they are hard to come by these days, but one of the old Department Stores in Merimbula has discovered a carton in it's back room... dont' know if there's any connection between that and the sticky hash though,

P
:D
2nd June 2005, 12:01 AM
journeyman Mick

Quote:

Originally Posted by nic

Hey with all the legalish talk going around here maybe there should be somesort "Woodworkers backyard legal court" or something, where your guilt would be judged acroding to how many tools you have or somthing like that.

More tools = guilty or not guilty?
If it's guilty then I'm in big trouble ;)

Mick
2nd June 2005, 01:26 AM
Daddles

Quote:

Originally Posted by journeyman Mick

More tools = guilty or not guilty?
If it's guilty then I'm in big trouble ;)

Mick

You're safe Mick. It's judged on the number of Ozito tools you have :eek:

Richard
2nd June 2005, 08:13 AM
Rocker

I was going to make a joke about the brothel creepers that Midge wore at the Brisbane show, Ian Thorpe, and a lady reporter from the Courier Mail - but it would have been in bad taste :D

Rocker
2nd June 2005, 01:54 PM
AlexS

Quote:

Originally Posted by Rocker

I was going to make a joke about the brothel creepers that Midge wore at the Brisbane show, Ian Thorpe, and a lady reporter from the Courier Mail - but it would have been in bad taste :D

Rocker

That's never stopped you before :eek:
2nd June 2005, 10:55 PM
journeyman Mick

Quote:

Originally Posted by Daddles

You're safe Mick. It's judged on the number of Ozito tools you have :eek:

Richard

Guilty! :o Bought a 100mm grinder earlier this year as I hadn't bought one with me and it was quicker to buy a cheapie than to drive home and grab one.

Mick