Where an accused is deemed to be in possession of drugs under s 5 of the Drugs, Poisons and Controlled Substances Act 1981 by virtue of being an occupier, the trial judge is not required to direct the jury on the element of intention to exercise control unless there is evidence capable of supporting a finding on the balance of probabilities that the accused knew of the drugs but did not intend to exercise control. Knowledge of drugs located in one's own bedroom is effectively inconsistent with a lack of intention to exercise control. The obligatory accomplice warning does not require a further direction that corroboration does not remove the accomplice's motive to lie.
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