Editing Possession (law) (section)

==Intention to possess==
An intention to possess (sometimes called ''animus possidendi'') is the other component of possession. All that is required for this criterion is an intention to possess something for the time being. In [[common law]] countries, the intention to possess a thing is a question of fact that can be proven by acts of control and surrounding circumstances.

It is possible to intend to possess something and to actually possess it without knowing that it exists. For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is important to distinguish between the intention sufficient to obtain possession of a thing and the intention required to commit the crime of possessing something illegally, such as banned drugs, firearms or stolen goods.<ref name="Teh HCA">{{Cite AustLII|HCA|43|1985|litigants=[[He Kaw Teh v R]] |parallelcite=(1985) 157 [[Commonwealth Law Reports|CLR]] 523 |courtname=auto |date=11 July 1985}}.</ref> The intention to exclude others from accessing a suitcase and its contents does not necessarily amount to the guilty mind of intending to possess its contents illegally.

When people possess places to which the public has access, it may be difficult to know whether they intend to possess everything within those places. In such circumstances, some people make it clear that they do not want possession of the things brought there by the public. For example, it is not uncommon to see a sign above a coat rack in a restaurant that disclaims responsibility for items left there.