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Possessing Controlled Drugs is an offence under Section 308.1 of the Criminal Code Act 1995 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
You were ‘reckless’ if you were aware it was likely the substance was a controlled drug but went ahead with your actions regardless.
‘Controlled drugs’ include:
A defence to the charge is ‘duress’, which is where:
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