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Mulligan Tam Pearson -- Criminal Lawyers Victoria
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Michael T. Mulligan answers the question:
What does possession mean?
The Criminal Code and the Controlled Drugs and Substances Act create a number of possessory offences. At law, possession requires the person to know about the object, and to exercise some measure of control over the object. Note that possession does not require ownership. If John were driving his brother's car, he is in legal possession of it because he knows it is a car, and he is driving it -- even though he does not own it! On the other hand, John may not know what his brother had put in the trunk. In that case, John is not in possession of the items in the trunk because he may not know about them.