Possession

Question 1

POSSESSION

Answer 1

Possession may be actual or constructive

Question 2

ACTUAL POSSESSION:

Answer 2

Actual possession arises where the thing in question is in a person’s physical custody; it is on or about their person, or immediately at hand.

Question 3

IDEAL POSSESSION - WARNER v METROPOLITAN POLICE COMMISSIONER

Answer 3

The elements of ‘ideal possession’ are:
• Has complete physical control over the thing.
• Has knowledge of its existence, situation and qualities.

Question 4

CONSTRUCTIVE POSSESSION

Answer 4

Constructive possession arises when something is not in a person’s physical custody, but they have ready access to it or can exercise control over it.

Question 5

POSSESSION - SULLIVAN v EARL OF CAITHNESS

Answer 5

Possession includes “not merely those who have physical custody of firearms … but also those who have firearms under their control at their behest, even though for one reason or another they may be kept at [another location].”