Where an accused charged with deemed supply under s 29 of the Drug Misuse and Trafficking Act 1985 (NSW) raises a defence of temporary custody with intent to return drugs to their owner, the trial judge must specifically direct the jury on the Carey principle that such temporary custody does not constitute 'supply'. A general direction that the accused must prove possession was for a purpose 'other than supply' is insufficient if the jury is not told what falls outside the concept of supply. Failure to give such a direction, particularly where the jury has sought clarification on the meaning of supply, constitutes a miscarriage of justice.
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