''Khaliq and Anor v HMA'' was a Scottish criminal case decided by the

High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...

on appeal, in which it was decided that it was an offence at common law to supply materials that were otherwise legal in the knowledge that they would be used for self-harm. Two shopkeepers in Glasgow were arrested and charged, ''inter alia'', with supplying to children ‘

glue-sniffing Inhalants are a broad range of household and industrial chemicals whose volatile vapors or pressurized gases can be concentrated and breathed in via the nose or mouth to produce intoxication, in a manner not intended by the manufacturer. They ...

kits’ consisting of a quantity of petroleum-based glue in a plastic bag. They had been previously warned by the police to stop supplying the kits. They gave notice of objection to the indictment, averring that, on the charge of supplying, the facts as libelled did not disclose a crime known to Scots law because there was nothing illegal about the items that they had supplied. Their plea was repelled at a preliminary diet and they appealed. On appeal, the High Court took the view that, even though Evostik glue and plastic bags might be perfectly legal, everyday items, the two shopkeepers knew perfectly well what the children were going to use the articles for and the charge on the indictment should stand. 'The Court refused to accept that there was any distinction between supply with knowledge of likely abuse and actual administration of a dangerous substance to a child.' Said

Lord Justice General Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...

Emslie: ‘There is ample authority for the view that the wilful and reckless administration of a dangerous substance to another causing injury or death is a crime at common law in Scotland’.SCCR p 492 When the case finally came to trial at Glasgow High Court the two were each sentenced to three years’ imprisonment. This case is reported at 1983 SCCR 483 (CCA); 1984 JC 23; 1984 SLT 137.

References

High Court of Justiciary cases 1983 in Scotland 1983 in case law 1983 in British law Children's rights in Scotland Illegal drug trade in the United Kingdom History of Glasgow {{case-law-stub