Possession of Tablet Press

Police Interview

Police interviews are not your opportunity to tell your side of the story and you should be very careful if police want to interview you in relation to possession of a tablet press. A police interview may not be the time to make any explanations to the police and any admissions could harm your case rather than help it. If you are unsure on how to navigate your police interview we can help you. Contact us and one of our expert lawyers will talk you through the process and answer any queries you have.

Pleading Not Guilty

If you believe you have bought a tablet press for a lawful reason or think you have been wrongly charged with this offence, you should engage a lawyer to assist you in navigating your case. We can assist you by examining all the evidence and considering what you tell us about your case. You might have questions such as:

• The tablet press was in my house but I did not know about it or use it, does this matter?
• I think I have a lawful reason for owning a tablet press, can this help with these charges?

Pleading Guilty

A lawyer can help you present your best possible case where you have decided to plead guilty to possession of a tablet press. We are experienced in dealing with these types of offences and can guide you through the process by explaining court procedures and what it means to enter a plea. We can also advise you on the range of potential penalties you are looking at if you plead guilty.

Sentencing

Sentencing in the higher courts of Victoria

Which court will the case be heard in?

This is an indictable offence which would ordinarily be heard in the County Court.

Examples of possession of a tablet press:

• You watch an episode of Underbelly and you are inspired to buy a pill press and store it in the family garage

What is the legal definition of Possession of Tablet Press?

A person who, without being authorized by or licensed under this Act or the regulations (if any) to do so or otherwise without a lawful excuse, possesses a tablet press is guilty of an indictable offence.

“Can they prove you were the person who possessed the tablet press?”

Legislation

The law for Possession of Tablet Press can be found on section 71C of the Drugs, Poisons and Controlled Substances Act 1981.

Elements of the offence

For an accused to be found guilty of this charge, the following elements must be proven in court beyond reasonable doubt:

• The accused possessed a tablet press
• The accused had no lawful excuse for possession of the tablet press

Defences

Defences to this charge can be:

• Someone other than the accused was in possession of the tablet press.
• Factual disputes about where and when the tablet press was seized.
• Disputes as to intention to possess.

Questions in cases like this

• Where did the police find the tablet press? How are they going to prove that you were in ‘possession’ of it?
• Is the machine a tablet press?

You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

Maximum penalty for section 71C of the Drugs, Poisons and Controlled Substances Act 1981

The maximum penalty for Possession of Tablet Press (s71C of the Drugs, Poisons and Controlled Substances Act 1981) is 600 penalty units or level 6 imprisonment (5 years maximum).