Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Commonwealth Offences - Federal
Possessing Controlled Precursors
Date: 09/01/2009
The Law -
Sections 308.2 of the Commonwealth Criminal Code states:
(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;
(c) the substance is a controlled precursor; and
The fault element for paragraph (1)(c) is recklessness
Maximum Penalty - Possessing Controlled Precursors
The Maximum penalty for the offence of Possessing Controlled Precursors is 2 years imprisonment or 400 penalty units or both.
What the prosecution must prove - Possessing Controlled Precursors
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
The accused
1. possessed a substance; and
2. A law of the Commonwealth or of a State or Territory required the possession to be authorised (however described); and
3. 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.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Possible Defences - Possessing Controlled Precursors
Possible defences to this offence include but are not limited to
1. The accused did not possess a substance.
2. The law of the State or Territory does not require the possession of the substance to be authorised.
The accused did not intend to use the substance to manufacture a controlled drug
The Court process - Possessing Controlled Precursors
This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.
Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in the Commonwealth Charge of Possessing Controlled Precursors matters)