Derby criminal solicitor advocate William Bennett recently acted for a client facing sentence for allegations of possessing Class A drugs with intent to supply. William’s representations helped secure a deferred sentence.
The starting point for sentence for supply of a single Class A drug after a trial is often in the region of four and a half years. As a result, William’s client was at real risk of a significant prison sentence.
Two types of Class A drug
The case was unusual. William’s client, a drug addict, had seen a drug dealer hide drugs in a public place. He was intending to recover them later. Instead, our client stole the drugs. The drugs were both heroin and crack cocaine. While he admitted that he would have used some of the drugs himself, he would have sold some to other drug users for profit.
As set out above, the relevant sentencing guidelines would suggest an appropriate starting point of four and a half years. This would be after trial. William’s client had entered his guilty plea only on the morning of the trial. As a result he would be entitled to a very limited reduction in sentence for his guilty plea.
William’s client had, however, used the delays in proceedings to put his life in order. He had made massive strides towards becoming drug free and turning his life around. On this occasion his offending was due to him succumbing to temptation in an opportunistic fashion.
Successful argument for a deferred sentence
As a result, William was able to persuade the Learned Judge to take the truly exceptional step of deferring sentence. The Judge set our client various conditions to keep to prior to a sentencing later this year.
If he keeps to the conditions of his deferred sentence then he can expect, in due course, to receive a sentence that will not involve immediate custody.
The case was a good example of a robust but compassionate Judge being able to take an unusual course having heard cogent and well thought out submissions from the defence advocate in the case of a defendant who had demonstrated through his actions a determination to change his life completely.
Contact a Criminal Defence Lawyer
We provide advice and representation at the police station, Magistrates’ and Crown Courts across the country. We have six offices based in the East Midlands. If you face police investigation or criminal proceedings then you can find your local office here.
If you wish to contact William Bennett then please telephone him on 01332 546818 or email him using the form below.