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.