On a charge of possession of a prohibited drug under s 6(1) of the Misuse of Drugs Act 1981 (WA), the prosecution need not prove actual knowledge (in the sense of certainty) that the item possessed is a prohibited drug. It is sufficient to prove an awareness or belief in the likelihood, in the sense that there is a significant or real chance, that the item is a prohibited drug. Trial judges should direct juries accordingly, and the direction given in this case — that suspicion was insufficient and actual knowledge was required — was too restrictive. The question of whether intention to possess must be proved as a separate element remains open.
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