Under s.5 of the Drugs, Poisons and Controlled Substances Act 1981 (Vic), the prosecution must prove occupation of premises beyond reasonable doubt before the deeming provision operates; the deeming provision then shifts to the accused only the burden of proving on the balance of probabilities that he or she was not in possession, not the burden of disproving occupation. A direction that reverses the onus of proof on occupation cannot be cured by the proviso in s.568(1) of the Crimes Act 1958 (Vic).
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