McKenzie v. Skeen 1983 S.L.T. 121
Citation: McKenzie v. Skeen 1983 S.L.T. 121
Rule of thumb: If you are found in possession of illegal goods, is it a valid defence to state that you did not know they were there? Once a person is found in possession of illegal goods, the strong presumption is that they are guilty of a criminal offence, at least being reckless & not checking, and it is extremely difficult for the person to remove this presumption.
Judgment:
’an article subject to the control of the possessor... the concept of control would imply knowledge that the article in question was subject to that control. Control is not a function of the unconscious’, Lord Cameron, ‘In most cases possession of a container will support the inference of possession of its actual contents but it must always be a question to be decided in the particular circumstances of the particular case’, Lord Justice General Emslie
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.