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Possessing Controlled Precursors

Commonwealth Offences – Federal

Welcome to the Federal Possessing Controlled Precursors article page. Everything you need to know about Possessing Controlled Precursors according to Federal law.

What the Law States according to Federal Law for Possessing Controlled Precursors

According to Federal Law for the charge of Possessing Controlled Precursors:

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

The 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 Police must prove according to Federal Law for 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.

Possible Defences under Federal Law – 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

In Federal which court will hear the matter – Possessing Controlled Precursors

This matter is Commonwealth Offence which means it is dealt with in the Supreme Court.

 

Date: 09/01/2009

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