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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22969
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can someone be charged with possession of equipment with intent

Customer Question

can someone be charged with possession of equipment with intent just because they are at the house. In this case a fire happened by someone cooking fish fingers and chips. It was in a sleepout. The two people that were in the sleepout neither of them owners were charged with possession with intent when a fire damaged distilling coil of a steam distiller were found and a damaged base of a steam distiller contact fire debris and approximately 500 millilitre of clear liquid ph7. According to the ESR report trace elements were found.
The police have not disclosed where these items were found and no photo evidence as of yet. However have charged the two that were staying at the property.
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
They can be charged but can of course give evidence that they knew nothing about the equipment. The fact they lived there, is enough to enable a charge of possession of equipment, but they can point out things like lack of fingerprint or DNA evidence to tie them into ownership, together with any evidence of others using the sleep out.