TWL v The Queen

The High Court of Australia heard an appeal by TWL against a decision of the Supreme Court of Victoria. The dispute concerned the interpretation of a provision within the *Drugs, Poisons and Controlled Substances Act 1981* (Vic) relating to the possession of a prohibited substance.

The central legal issue before the High Court was whether the appellant, TWL, had established a defence of lawful possession under section 10 of the *Drugs, Poisons and Controlled Substances Act 1981* (Vic). This defence requires proof that the substance was possessed for the purpose of, or in connection with, a lawful activity.

The Court considered the nature of the appellant's alleged activity and the evidence presented. It applied the principle that the onus rests on the accused to establish, on the balance of probabilities, that the possession was for a lawful purpose. The Court found that the evidence did not support a finding that the possession of the prohibited substance was for a lawful activity, and therefore the defence under section 10 was not made out.

The appeal was dismissed.