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Results 1 to 15 of 21
Thread: Drug Possesion in Aus
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1st June 2005, 11:37 AM #1
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
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1st June 2005, 01:01 PM #2
Shewhoputsupwithawoodie
- Join Date
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- Perth
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Originally Posted by dazzler
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?
2nd - If the police do the delivery, are not they in possession and there for should be arrested?
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1st June 2005, 02:34 PM #3
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
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1st June 2005, 03:58 PM #4
Originally Posted by nic
Boring signature time again!
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1st June 2005, 04:04 PM #5
Member
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- Oct 2004
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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..........Cheers, Craig
What was the greatest thing before sliced bread? :confused:
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1st June 2005, 04:15 PM #6
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?
"I don't practice what I preach because I'm not the kind of person I'm preaching to."
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1st June 2005, 04:17 PM #7
Originally Posted by Stylesy
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
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1st June 2005, 05:34 PM #8
Originally Posted by Stylesy
-"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
nic
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1st June 2005, 05:45 PM #9
Originally Posted by silentC
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!)
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1st June 2005, 06:01 PM #10
Member
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You'd have to convince them that they weren't your boots and you don't know how they got onto your foot.
Which is why I urge everyone to check the pants they're wearing - do you know where your pants have been?
Oh, also copped such lines as "but it's not illegal", "it's prescribed by my doctor :confused: ". Number 1 on the list was always "it's not mine" though.
Cheers, Craig
What was the greatest thing before sliced bread? :confused:
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1st June 2005, 07:07 PM #11
Originally Posted by silentC
Mick
avantguardian
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1st June 2005, 07:24 PM #12
Originally Posted by flea1607
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.
DanIs there anything easier done than said?- Stacky. The bottom pub, Cobram.
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1st June 2005, 07:29 PM #13
Shewhoputsupwithawoodie
- Join Date
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Originally Posted by DanP
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1st June 2005, 11:03 PM #14
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1st June 2005, 11:11 PM #15
Originally Posted by bitingmidge