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Aboriginal Law Bulletin

Aboriginal Law Bulletin (ALB)
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Robinson, Allan --- "Jambajimba v Svikart" [1986] AboriginalLawB 19; (1986) 1(19) Aboriginal Law Bulletin 6


Jambajimba v Svikart

Jambajimba v Svikart

Northern Territory Supreme Court, Muirhead, J.

7 September 1984.

Casenote by Allan Robinson

The appellant had been convicted of having liquor in his possession in a restricted area of the NT. Two flagons were found on the floor of his car in which he and several other men were seated. Police gave evidence of verbal admissions by the appellant that he knew there was grog in the car but that it belonged to someone else and he did not want it there.

His Honour distinguished the section from legislation designed to prohibit possession of other drugs and said that this was not a situation requiring proof of exclusive physical control or sole control. 'Two or three persons seated in a vehicle may be convicted of this offence provided the court is satisfied that they were jointly' in possession of liquor reasonably within individual control or access ... The fact that the liquor container may be carried by one man, rather than located on the floor of the vehicle will not necessarily exculpate his companion.'

His Honour found that on the facts proved the Magistrate could have been satisfied that the appellant was in possession of the flagon. He placed little weight on the fact that the appellant was the owner of the car in which it was found. However, the appeal was allowed because the charge did not contain an averment that the content of the flagon was liquor. Silly isn't it?


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