Prison inmate possess prohibited drug
MJA was an inmate at a NSW prison. Following a family visit, a Corrective Services officer searched MJA, and found a packet inside MJA’s underpants. The officer opened the packet and found it contained a medium amount of tobacco and a small amount of cannabis. Because of the cannabis, MJA was charged with possession of a prohibited drug.
MJA claimed that he was taking care of the package of tobacco for a friend. He was unaware that the package also contained marijuana. The marijuana was well concealed by the surrounding tobacco.
Plea of not guilty
MJA pleaded not guilty to the charge of possession of a prohibited drug. In a contested hearing we argued that, legally, the offence of possession required the prosecution to prove that MJA had actual knowledge or belief that he was holding a prohibited drug. MJA was found guilty. However, on sentencing he got a Section 10 non-conviction order.
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Prison inmate – marijuana stashed inside underpants – possess prohibited drug, Section 10(1) Drug Misuse and Trafficking Act 1985 – found guilty – non-conviction order, Section 10(1)(a) Crimes (Sentencing Procedure) Act 1999
