Yesterday, Zoe Whetham represented our client in a hearing at Burwood Local Court.

Our client had been charged with possession of a prohibited drug, being methamphetamine found in her car. She denied knowing about the drugs and pleaded not guilty to this offence.

To be found guilty of this charge the prosecution must prove the following two elements beyond reasonable doubt:

1. The prohibited drug was in the persons possession; and
2. The person knew the drug was in their possession.

Through cross-examining the prosecution witnesses, including the Detective who charged our client, Zoe was successfully able to establish that our client was not in possession of the drug.

The argument for this was primarily based on the decision in Filippetti (1984) 13 A Crim R 335. In that case, drugs were found inside a lounge in the living area of Mr Filipetti’s home. He was charged with possession of the drug. However, there were five other people who also lived in the house. The court held that in order for the prosecution to be able to prove someone was in exclusive possession of a drug, they must first negate the possibility that the drugs were in the possession of someone else.

Yesterday, the Magistrate agreed with Zoe’s closing submissions that the prosecution had failed to establish both elements of the offence beyond reasonable doubt.

Accordingly, our client was found not guilty.

If you have been charged with drug possession or supply, we highly recommend obtaining advice from an experienced lawyer before you attend court. That way, you can be sure your matter is being dealt with appropriately to obtain the best outcome. Contact one of our lawyers on (02) 9025 9888 for a FREE consultation.

Photo by Ready Made