What Is Deemed Possession?

If you have been charged with a drug offence, you may hear the term “deemed possession” used by police or your lawyer.

Deemed possession is a legal concept that allows a court to treat a person as being in possession of drugs even if the drugs were not found in their hands or pockets. 

Understanding how deemed possession works is important because it frequently arises in cases involving vehicles, shared houses and properties occupied by more than one person.

What Does Deemed Possession Mean?

In criminal law, possession is not limited to physically holding an item.

A person can possess drugs if they have knowledge of the drugs and the ability to exercise control over them. This is known as actual or constructive possession.

Deemed possession goes a step further. In certain circumstances, the law allows a court to infer that a person possessed drugs because of where they were found or because of their relationship to the place where they were located.

This does not mean a person is automatically guilty. The prosecution must still establish the legal requirements of the offence.

Can You Be Charged If the Drugs Were Not On You?

Yes.

Police regularly charge people with drug possession even though the drugs were not found in their clothing or on their person.

For example, drugs located in a person’s bedroom, vehicle, backpack, locker or other area over which they have control may result in possession charges.

The issue is often not where the drugs were found, but whether the prosecution can prove that you knew they were there and exercised control over them.

What Happens If the Drugs Were Found in a Shared House or Car?

These cases can become more complicated.

If drugs are found in a house occupied by several people or inside a vehicle carrying multiple occupants, police may investigate who owned the drugs and who had knowledge of them.

Simply being present where drugs are found does not automatically mean you possessed them.

The prosecution must still prove beyond reasonable doubt that you knew about the drugs and had the ability to exercise control over them. Where several people had access to the same location, this can become a significant issue at a contested hearing or trial.

What Evidence Do Police Rely Upon?

Police may rely on a range of evidence to prove possession.

This can include admissions made during a police interview, fingerprints, DNA evidence, text messages, CCTV footage, surveillance, witness statements or evidence showing that the drugs were located in an area under your exclusive control.

In some cases, police will also rely on documents, personal belongings or electronic devices found near the drugs to argue that they belonged to a particular person.

Every case depends on the strength of the available evidence.

Can You Defend a Possession Charge?

Yes.

Possession is frequently disputed in criminal proceedings.

A person may deny knowing the drugs existed, argue they belonged to someone else or challenge whether they had any control over them. In other cases, the lawfulness of the police search or the admissibility of evidence may also become an issue.

The prosecution bears the burden of proving every element of the offence beyond reasonable doubt. If there is a reasonable possibility that the drugs belonged to someone else or that you were unaware of their presence, the prosecution may be unable to prove the charge.

Why Legal Advice Is Important

Drug possession cases often appear straightforward but can involve complex legal issues about knowledge, control and the admissibility of evidence.

Whether the prosecution can establish possession will depend on the particular facts of your case. Obtaining legal advice early allows the evidence to be properly assessed and ensures that any available defence is identified before important decisions are made.

Speak to Wilkinson Lawyers

If you have been charged with drug possession in Victoria, Wilkinson Lawyers can provide experienced advice and representation. We regularly act for clients facing drug offences throughout Victoria and can assess the prosecution evidence, explain whether possession can be proved and work towards achieving the best possible outcome in your case.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.