Can You Be Charged for Having Drugs in a Shared House or Car?

You’re pulled over while driving a friend’s car and the police find a bag of cocaine under the seat. Or perhaps you’re renting a room in a shared house where cannabis plants are discovered in the garage. You didn’t put them there. You didn’t even know about them. Can you still be charged?

In NSW, the answer is: yes… and it happens more often than you think.

At National Criminal Lawyers®, we regularly defend clients facing drug possession charges despite claiming no knowledge or control over the drugs. These cases often involve cars, shared apartments, or communal spaces where the drugs weren’t theirs. However, the law is more complicated than most people realise.

This blog breaks down the legal concepts of “deemed possession” and “joint possession”, the legislation, and the defences available to you. If you’re facing charges and Googling things like “drugs found in car not mine” or “possession shared house defence NSW”, this blog is for you.

What Is Possession Under NSW Drug Law?

The key law is section 10 of the Drug Misuse and Trafficking Act 1985 (NSW):

“A person who has a prohibited drug in his or her possession is guilty of an offence.”

But what does “possession” actually mean? The law requires:

1. Knowledge that the drug exists;
2. Custody or control over it (physically or legally);
3. Voluntary possession (you weren’t forced to hold it).

So, if you knew the drugs were in the car or shared space, and had some degree of control (even shared), you may be guilty, even if they weren’t “yours”.

Deemed Possession: When the Law Presumes You Knew

Under section 29 of the Act, the law can “deem” you in possession if drugs are found in a place you control, such as:

• Your bedroom in a shared house;
• A locked glovebox in your car;
• A backpack in your possession.

You then must prove you didn’t know the drugs were there — not the other way around.

This legal reversal is what catches many people off-guard.

Saying “But I didn’t know about them” won’t be enough without supporting evidence, like:

• Others had equal or better access;
• You weren’t the car’s regular driver;
• You moved into the share house after the drugs were placed there.

Joint Possession: Sharing Drugs Means Sharing Liability

You can also be found guilty of joint possession, even if the drugs were physically with someone else.

For example, two flatmates buy a bag of MDMA together. Even if only one person stores it, both can be charged, provided:

• There’s evidence of a common intention;
• Both parties had knowledge and some control.

Case Example: R v Filippetti (1984) 13 A Crim R 335

• In this NSW case, Edward Filippetti resided in a three-bedroom house with five other individuals: his fiancée, mother, younger brother, and an unrelated de facto couple. All occupants had access to and regularly used the shared lounge room.
• Following a tip-off that Filippetti was selling cannabis, police executed a search warrant at the residence. During the search, Filippetti voluntarily handed over a small plastic bag containing four buddha sticks (a form of cannabis), claiming they were for personal use. He was arrested on the spot.

• As the search continued, officers discovered an additional 800 grams of cannabis concealed under a cushion in the lounge room where Filippetti’s mother was seated.
• Filippetti denied any knowledge of this larger quantity, suggesting the drugs had been planted. His mother refuted this, confirming she witnessed the police find the drugs and asserting they did not belong to her.

• Filippetti was subsequently charged with deemed supply of a prohibited drug, based on the quantity exceeding the traffickable amount under the relevant legislation at the time.
• At trial, the prosecution argued that Filippetti had exclusive possession of the drugs found in the lounge room. However, the defense highlighted that the lounge was a common area accessible to all six residents.
• The court held that the prosecution failed to prove beyond reasonable doubt that Filippetti had exclusive physical control over the drugs, especially given the shared nature of the space. Consequently, his conviction was overturned on appeal.

• This case underscores the legal principle that mere presence in a shared space where drugs are found does not automatically establish possession. The prosecution must demonstrate exclusive control or custody over the prohibited substance to secure a conviction.

 

Legal Defences If Drugs Are Found in a Shared Space

At National Criminal Lawyers®, we often run the following defences:

1. “I Didn’t Know the Drugs Were There”

This defence requires evidence, like your housemates confirming the drugs were theirs, or CCTV showing others storing them.

2. No Exclusive Control

You didn’t have sole access to the drawer, boot, or bag, others had equal or better control.

3. Unlawful Search

Police didn’t have lawful grounds under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) to search your car or house.

4. Constructive Possession Argument

You didn’t own, handle, or benefit from the drugs. You didn’t exercise ‘dominion’ over them.

5. Section 14 Mental Health Diversion

If you suffer from mental illness or cognitive impairment, you may avoid conviction via a section 14 application under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW).

Related Offences You Could Also Be Charged With

If you’re found in a house or car with drugs, police may also charge you with:

• Supply (deemed) if the quantity exceeds the traffickable amount (s 29);
• Possession of drug paraphernalia (s 11);
• Failing to comply with police directions (LEPRA);
• Participating in a criminal group if other occupants are linked to organised crime (Crimes Act 1900 s 93T).

FAQs

“Can I be charged if the drugs were in the car but not mine?”

Yes, if you had knowledge and control, or if the law “deems” you in possession.

“What if I’m just a tenant and don’t go into the room where drugs were found?”

It helps if you can show limited access and no involvement, but police can still charge you. Your lawyer can argue lack of knowledge/control.

“What should I do if I’m charged but didn’t know the drugs were there?”

Say “no comment” in police interview, and call National Criminal Lawyers® immediately.

Final Thoughts: Being in the Same Room Isn’t the Same as Being Guilty

If drugs are found in your car, home, or shared space, don’t assume you’re safe because you didn’t put them there. NSW law on possession is complex and often harsh.

But with the right strategy, evidence, and representation, these cases can be beaten or diverted to avoid a criminal record.

At National Criminal Lawyers®, we:

• Challenge unlawful police searches;
• Run defences based on lack of control or knowledge;
• Appear in Local and District Courts across Sydney, Parramatta, Blacktown, Wollongong, Mt Druitt, and Penrith;
• Secure non-conviction outcomes including Section 10s and mental health diversions.

📞 Call 1800 CRIM LAW today for a free consultation with a trusted drug possession lawyer near me.

We fight harder, especially when it’s not your drugs.