For drug possession offences under s 9 of the Drugs Misuse Act 1986 (Qld), the prosecution need only prove that the accused knew they had custody or control of a thing or substance which is in fact a dangerous drug. Knowledge of the nature or quality of the substance as a dangerous drug is not an element of possession. The question of the accused's knowledge of the nature of the substance falls to be resolved under s 24 of the Criminal Code (Qld) (mistake of fact), as modified by s 57(d) of the Drugs Misuse Act, which places the onus on the accused to prove honest and reasonable belief in a state of things material to the charge. Wilful blindness is an evidentiary pathway to inferring actual knowledge, not a separate legal standard that can be directed as sufficient for guilt.
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