Where an accused is convicted of both trafficking in a drug of dependence and possession of the same drug, and the drugs possessed were realistically the balance of stock used for trafficking, the possession count constitutes double punishment and the conviction should be quashed. The test for double punishment requires a common-sense assessment of whether the act of possession was common to both the trafficking and possession counts, not a technical comparison of statutory elements. The issue of whether possession was not for the purpose of trafficking under s 73(1)(b) must be raised by the defence; the court is not required to make that finding of its own motion.
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