Supply of drugs definition. We now need to consider offences concerned with the supply of controlled drugs. What does supply mean?
In the case of McGuinness, the court held that supply involves more than a mere transfer of physical control of an item from one person to another, but there must also be a benefit. to the recipient from the transfer. So, where Adam asks Bob to hold on to drugs for him until his return, there is no supply from Adam, because Bob gains no benefit from simply holding the drugs, though Bob does of course have possession. But if Adam gives Bob drugs for him to use, there is a supply from Adam to Bob, because Bob gets the benefit of the drugs for his own use. If Adam gives Bob drugs to hold until his return, and Bob intends to give them back when Adam returns, Bob has possession with intent to supply Adam, because Adam will derive a benefit from Bob's supply.
He gets his drugs back to use or sell as desired. Bad luck, Bob. Don't look after drugs for someone else.
You'll be committing an offence. So supply is transfer plus benefit. Simply ask, does the recipient... get some kind of benefit from being given the drugs?
If the answer is yes, then there has been supply. Be aware that injecting another with his or her own controlled drug is not considered to amount to supplying them with it if the drug is already in the other's control, such as when someone assisted in pushing down the plunger on a syringe which the defendant was already in the process of using. The offence of poisoning could be considered in such a case.