The possession of a tablet press is not illegal per se in NSW because the governing law allows the possibility that the possessor has a valid reason why he has a tablet press.
A perusal of Section 11B of the Drug Misuse and Trafficking Act 1985 provides the defences against the offence of having possession of a tablet press that is capable of being used for the production of a prohibited drug.
A tablet press is defined as a device that is capable of being used to produce a prohibited drug in the form of a pill, tablet or other similar forms, and includes a unique part of such a device. This definition includes disassembled parts of a tablet press which effectively precludes an accused from raising the defence that he is in possession of merely parts of a tablet press.
The defences that an accused can raise are enumerated in Section 11B of the Drug Misuse and Trafficking Act 1985 which are if the possession of a tablet press is for a lawful purpose or if the accused has a reasonable excuse for its possession. By possession it does not mean that the accused must have the tablet press in his hands but that it is under his control like it is found in his car or house.
If an accused raises these defences it is his burden to provide evidence that would support the lawful purpose or reasonable excuse for his possession of the tablet press. Thus, the accused may prove that he is in the commercial business of making medicine in the form of pills or tablets. An accused can also interpose the defence of denial by proving that he was not in possession of the tablet press. He can prove that he has no knowledge of the tablet press being in his possession.
The burden of the prosecution is to prove the possession by the accused of the tablet press. It is also the prosecution’s job to prove that the possession of the tablet press is for an unlawful purpose or without reasonable excuse. It is still the prosecution’s burden to prove that the accused is guilty beyond reasonable doubt whereas the accused enjoy the presumption of innocence until proven guilty.
This article provides basic information only and is not a substitute for a professional or legal advice. Being involved in the criminal or police process can be quite demanding, rigorous, and time consuming. Hiring the right criminal lawyers can often make a substantial difference in your case. Criminal Lawyers Brisbane, Criminal lawyers Sydney, Criminal lawyers Melbourne, Criminal lawyers Perth, Criminal lawyers Adelaide, Criminal Lawyers Newcastle
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.