Evidence that an accused possessed drugs at one location on a given day is not, without more, sufficiently probative under s.398A(2) of the Crimes Act 1958 to be admissible as propensity evidence to prove possession at another location on the same day, even where the accused denies knowledge at both locations. The deeming provision in s.5 of the Drugs, Poisons and Controlled Substances Act 1981 may be used to establish the possession referred to in s.73(2), but even where possession and prima facie trafficking are so established, the Crown must still prove beyond reasonable doubt that the accused knew of the drug's presence to establish the mens rea for trafficking.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
2 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.