Where the evidence overwhelmingly supports trafficking once the jury rejects the accused's denial of possession, the trial judge is not obliged to leave an alternative verdict of possession simpliciter. The scope of Gilbert v The Queen beyond the murder/manslaughter dichotomy remains unresolved, with the Victorian Court of Appeal expressing scepticism about extending the obligation to leave alternative verdicts in all cases. The deeming provision in s.5 of the Drugs, Poisons and Controlled Substances Act 1981 applies to joint possession where two persons exercise joint control over a drug of dependence.
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