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Understanding the Supply of Controlled Drugs

Nov 3, 2024

Lecture Notes: Supply of Controlled Drugs

Definition of Supply

  • Supply involves more than just transferring physical control.
  • There must be a benefit to the recipient from the transfer.

Court Case: McGuinness

  • Key Point: For supply, there needs to be a transfer plus benefit.
    • Example: Adam asks Bob to hold drugs:
      • No supply: Bob gains no benefit, although he has possession.
    • Example: Adam gives Bob drugs for use:
      • Supply exists: Bob benefits by being able to use the drugs.
    • Example: Bob holds drugs for Adam's return:
      • Intent to supply: Bob intends to give drugs back, allowing Adam a benefit.

Implications

  • Holding drugs for someone else can lead to committing an offence.
    • Possession with intent to supply if the original owner benefits on return.

Special Cases

  • Injecting others with their controlled drug:
    • Not considered supply if the drug is already in the other's control.
    • Possible consideration for the offence of poisoning if aiding in the injection.

Summary

  • Ask if the recipient gains a benefit from the drugs.
    • If yes, there has been a supply.
  • Be cautious with handling others' drugs to avoid legal offences.