I replied elsewhere but by criminally liable I meant "can be charged".
It may not be how it is supposed to work but how does one defend a drug possession charge when they are in possession of drugs? Just say that the drugs in their backpack aren't theirs?
> It may not be how it is supposed to work but how does one defend a drug possession charge when they are in possession of drugs?
It's the task of the prosecution to establish not just that you possessed the drugs, but also that you intended to possess them.
It's the task of the defense to try to establish that one or both of these things aren't true.
It's the task of the court (probably a jury) to decide whether or not the prosecution has made a case that is beyond reasonable doubt.
So the normal stuff about believing people and possible miscarriages of justice still apply.
My point is just that merely stating that you packed the bags yourself doesn't really establish anything in the prosecution's favour except that it's going to be difficult to later claim that somebody else packed it for you and that you knew this. On the other hand, if they can show that you lied about who packed your bag, then it's probably going to be easier for them to convince a jury that you were up to something (namely drug smuggling). But that mere fact itself doesn't make their case complete, and stating that you packed your own bag certainly doesn't make you criminally liable for its contents any more than you were before this statement.
As to whether you "can be charged": legally, there's no requirement that has to be met to be charged. You could find yourself charged for drug smuggling tomorrow even though you haven't done anything. Whether this will happen or not depends on whether the prosecutor thinks they can win the case. So it probably won't. Saying that you packed the bag certainly doesn't change whether or not they'd win the case for the reasons I gave above.
I think this[0] piece sums up the situation nicely.
There are some very quirky laws here in Australia like "goods in custody" in the state of NSW. Essentially you can be convicted for having items in your possession that the courts "reasonable suspect" were stolen.
There are other things too like Firearm Prohibition Orders (FPOs) which once granted give the police the right to stop and search you even if they don't believe you have committed or witnessed a crime.
It may not be how it is supposed to work but how does one defend a drug possession charge when they are in possession of drugs? Just say that the drugs in their backpack aren't theirs?