Section 308.2 Criminal Code Act | Possessing Controlled Precursors


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Section 308.2 of the Criminal Code Act 1995 (Cth) is Possessing Controlled Precursors and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Possessing Controlled Precursors matter, call Sydney Criminal Lawyers® today on
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The Legislation

308.2 Possessing controlled precursors
(1) A person commits an offence if:
(a) the person possesses a substance; and
(b) the person intends to use any of the substance to manufacture a controlled drug; and
(c) the substance is a controlled precursor.
Penalty: Imprisonment for 2 years or 400 penalty units, or both.
(2) The fault element for paragraph (1)(c) is recklessness.
(3) For the purposes of proving an offence against subsection (1), if:
(a) a person possessed a substance; and
(b) a law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and
(c) the possession was not so authorised;
the person is taken to have possessed the substance with the intention of using some or all of the substance to manufacture a controlled drug.
(4) Subsection (3) does not apply if the person proves that he or she did not have that intention.
Note: A defendant bears a legal burden in relation to the matter in subsection (4) (see section 13.4).

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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

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Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

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