Munchee said:Just out of interest, when he handed it back did he say "That was silly" and give you a wink and a couple of nudges?
*wonders if the boys in blue read this thread before the collection*
TimEH said:I got busted at sydney airport once with 2 pills... The guard at the x-ray thingy pocketed 'em
onetwothreefour said:Originally posted by 1bRAVEheart1
Moral of the story is never keep pills in your wallet.
nah, moral of the story is that cops make the best temporary pill storage
Cyberdyne said:Ok , um, I'm a 4th year law student...Here are some basic ideas to work with...
- In order to be done for 'possession', you must be in physical possession. Possession in this sense means quite literally that. If you don't pick your wallet up, you cannot be done for anything at all...you are in possession of nothing illicit. To give another example...if you had a bag of weed, and threw it in somebody's house cos u were paranoid, then the cops came...you could not be done for it as it was not in your possession (you have 'abandoned' it) and your house owner could not be done as while it was arguably in his 'possession' (ie, in his house) he had no knowledge of it whatsoever.
To reiterate: Not in your physical possession, no actus reus, no crime. No knowledge of it, no mens rea, no crime (unless possession only requires the actus reus and absence of fault acts as the defence...feel free to correct me on this lawyers) but yeh...follow my advice above and you can't go wrong
The legal meaning of possession is derived from the common law. The cases of R v Dibs and R v Wan provide a definition of possession. An individual has possession for the purposes of the offence if the accused asserts or exercises dominion or control over the drugs to the exclusion of anyone else.
The individual must have the right to exclude anybody else who is not acting in concert with them from interfering with it. They must have it either in their manual possession or in a place to which they, and any person acting in concert with them, could go without physical bar in order to obtain manual possession.