M was stopped by the police. They found cannabis in his car. He said he was looking after it for a friend. He was accused of intending to supply it.
Held: ‘The word ‘supply’ in its ordinary natural meaning conveys the idea of furnishing or providing to another something which is wanted or required in order to meet the wants or requirements of that other. It connotes more than the mere transfer of physical control of some chattel or object from one person to another. No one would ordinarily say that to hand over something to a mere custodier was to supply him with it. The additional concept is that of enabling the recipient to apply the thing handed over to purposes for which he desires or has a duty to apply it.’ and ‘If a trafficker in controlled drug sets up a store of these in the custody of a friend whom he thinks unlikely to attract the suspicions of the police, and later draws on the store for the purposes of his trade, or for his own use, the custodier is in my opinion rightly to be regarded as supplying him with drugs.’
Judges:
Lord Keith of Kinkel
Citations:
[1987] AC 303, [1987] UKHL 4, (1987) 85 Cr App R 127, [1987] 1 All ER 907, [1987] 2 WLR 765
Links:
Cited by:
Cited – Regina v Panton CACD 27-Mar-2001
In the supply of drugs, rather than possession, the defendant asserted that his consent to acting to take care of the drugs, was given only under duress. Consent was not required of both parties. Supply was to be given its ordinary meaning, and . .
Cited – Interfact Ltd and Another v Liverpool City Council Admn 23-May-2005
The defendants, operators of licensed sex shops, appealed convictions for offences under the Act. The shops had supplied videos rated R*18 by mail order from the shops. The Trading Standards Officer said this did not satisfy the requirement that . .
Cited – Regina v Hussain, S CACD 28-Jan-2010
The defendant appealed against conviction for possession of controlled substances with intent to supply. He said that he had imported the substances (Class C controlled drugs and counterfeit medecines) but had intended to supply them overseas only. . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 07 June 2022; Ref: scu.182861
