The knowledge required for possession of a prohibited drug under s 6(1) of the Misuse of Drugs Act 1981 (WA) is knowledge that the accused had possession of a prohibited drug of some kind; it is not necessary to prove knowledge of the particular prohibited drug. The requisite knowledge is established if the accused knows what drug they have, or believes it is likely that what they have is a prohibited drug. A trial judge's use of the word 'balancing' in a redirection does not undermine an earlier correct Liberato direction where the context makes clear the judge was balancing his own discussion of the evidence rather than inviting the jury to choose between competing versions.
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