Thabo asks his wife, Sophy, to keep a sealed package in their home while he is away on a business trip. Sophy is aware that the package contains illegal drugs but agrees to store it in a locked cupboard. She does not intend to use or sell the drugs and considers herself merely to be assisting her husband. Police later searched the house, discovered the drugs, and charged Sophy with unlawful possession under the Drugs and Drug Trafficking Act 140 of 1992. Is Sophy guilty of anything?

Question

Answer

Sophy can be found guilty of attempted possession because she did not intend to use, sell, or benefit from the drugs.

Answer

Sophy can be found guilty of possession because she had knowledge of the drugs and exercised control over them, even if she was keeping them on behalf of another person.

Answer

Sophy cannot be charged with anything because she is Thabo’s wife.

Answer

Sophy cannot be found guilty of possession because the drugs belong to her husband and not to her.

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Thabo asks his wife, Sophy, to keep a sealed package in their home while he is a...

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