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DRUGS (PREVENTION OF MISUSE) ACT
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41.   Presumptions of possession and knowledge of controlled drug

Revised Laws of Saint Lucia (2021)

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41.   Presumptions of possession and knowledge of controlled drug

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    (1)   Without prejudice to any other provision of this Act—

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      (a)     where it is proved that a person imported anything containing a controlled drug it shall be presumed until the contrary is proved, that such person knew that such drug was contained in such thing;

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      (b)     where it is proved that a person had in his or her possession or custody or under his or her control anything containing a controlled drug, it shall be presumed until the contrary is proved, that such person was in possession of such drug;

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      (c)     where it is proved that a person supplied to any other person anything containing a controlled drug, it shall be presumed, until the contrary is proved that such first-mentioned person knew that such drug was contained in such thing;

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      (d)     where it is proved that a person handled, within the meaning of section 7, anything containing a controlled drug, it shall be presumed, until the contrary is proved, that such person knew that such drug was contained in such thing;

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      (e)     where it is proved that a person had in his or her possession or custody or under his or her control—

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        (i)     any document of title relating to anything containing a controlled drug, or

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        (ii)     any other document or written or printed matter including a dock warrant, warehouse warrant or order, baggage receipt or baggage claim, relating to anything containing a controlled drug, it shall be presumed, until the contrary is proved, that such person was in possession of such drug.

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    (2)   The presumptions provided by this section shall not be rebutted by proof that a person never had physical possession of the controlled drug.

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    (3)   The presumptions provided by this section shall not be construed as requiring the prosecution to prove any fact which, by virtue of any other provision of this Act, the prosecution does not have to prove.

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    (Inserted by Act 8 of 1993)

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