Cannabis Possession Legal Defenses

Summary

Possession of cannabis in Western Australia is illegal under the Misuse of Drugs Act 1981. If you can prove lack of knowledge, it may serve as a defense. The burden of proof lies on you to demonstrate this lack of knowledge. Relevant case law includes M v The Queen [2006] WASCA 55 and R v Solway [1984] WAR 274, which discuss the importance of knowledge and the burden of proof in drug possession cases. Consider consulting legal resources or a local attorney for more specific guidance on defenses and court procedures.

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Possession of cannabis, no knowledge prior
If you're in Western Australia and found in possession of cannabis without prior knowledge, here are some key points you might need to consider:
- Under the Misuse of Drugs Act *, possession of cannabis is illegal.
- If you can prove you had no knowledge of the cannabis, it may serve as a defense.
- The burden of proof lies on demonstrating lack of knowledge.
Would you like information on specific defenses or court procedures?
Can you give some case law for ACT
Sure, here are some key points regarding possession of cannabis under the Misuse of Drugs Act * in Western Australia:
- Misuse of Drugs Act *: Possession of cannabis is illegal.
- Defence: Lack of knowledge can be a defence if you can demonstrate that you were not aware of the possession.
- Burden of Proof: It is on you to prove the lack of knowledge.
For case law, you might want to look into the following:
- M v The Queen [*] WASCA *: Discusses the importance of knowledge in drug possession cases.
- R v Solway [*] WAR *: Explores the burden of proof on the accused to demonstrate lack of knowledge in drug possession.
Would you like more specific cases or information on court procedures?