Possession Of A Prohibited Combination Of Items – S10b DMA

The following drug charge article was written by a practicing criminal lawyer with experience in drug charges. For information on other drugs charges, visit our Drug Charges home page.

What the law says

Section 10B of the Drug Misuse Act 1986 provides that:

(1) A person who unlawfully possesses a prohibited combination of items commits a crime.

This will be the case even if the items are separate or at different places.

Example:

A combination of chemical A, chemical B and chemical C is a prohibited combination of items. John Smith unlawfully possesses chemical A, chemical B and chemical C. John Smith commits a crime under subsection (1) even though chemical A is in his garage, chemical B is in his storage shed and chemical C is in his utility room.

A prohibited combination of items means a combination of items that is prescribed under the Drugs Misuse Regulation 1987, schedule 8C as follows:

1. A combination consisting of substances that are or contain–
   • (a) pseudoephedrine or its salts; and
   • (b) hypophosphorous acid; and
   • (c) iodine.
2. A combination consisting of substances that are or contain–
   • (a) pseudoephedrine or its salts; and
   • (b) hydriodic acid; and
   • (c) phosphorous (red or white).
3. A combination consisting of substances that are or contain–
   • (a) pseudoephedrine or its salts; and
   • (b) lithium metal; and
   • (c) ammonia gas.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused had in his or her possession. Possession means physical control or custody. You do not possess a thing unless you have it or else can actually exercise dominion over it. Note that under s10A(4) of the Drugs Misuse Act to prove possession, it will be sufficient for the Prosecution to show that the accused has, either alone or jointly with some other person, aided in concealing the property or disposing of it.
2. That the items are a combination as prescribed in the schedule.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Maximum penalty

The maximum penalty is 25 years imprisonment.

Which court will hear the matter

This offence will be dealt with in the Supreme Court..

Possible defences

Possible defences to this offence include but are not limited to:

1. Not having sufficient control of the thing- ie possession
2. That the items are not in fact the combination scheduled
3. Mistake of identity
4. Duress