Where s 73(1) of the DPCSA imposes an onus on the accused to prove that possession of a drug of dependence was not for a trafficking purpose, the risk of the higher maximum penalty applying is inherent in the statutory scheme and the sentencing judge has no obligation to warn the accused that the onus may not be discharged. A positive assessment of suitability for a community correction order does not give rise to a presumption that the accused should be placed on such an order.
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