Supply of controlled drugs- definitions Flashcards
Q: What does supply mean?
McGuiness case- 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.
Eg: where Adam asks Bob to hold on to some drugs for him until his return, there is no supply from Adam because Bob gains no benefit from simply holding the drugs. Bob does have possession though.
If Adam gives Bob drugs for him to use then there is supply from Adam to Bob, as 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 supply as desired.
Q: What if X assists another in using their own drugs?
Injecting another with his own controlled drug is not considered to amount to supplying them with it, if the drug is already in the others control.
Eg: if someone pushes down the plunger on a syringe that a person was already in the process of using.
