Successful Basis of Plea Leads to Suspended Sentence in Serious Drugs Case

We recently represented a client at Liverpool Crown Court who initially faced very serious allegations of:

• Two counts of Possession with Intent to Supply Class A drugs (PWITS Class A)
• Two counts of Possession with Intent to Supply Class B drugs (PWITS Class B)

The case was aggravated by a hydraulic hide being located in his car, which was originally the subject of a further charge. Had our client been sentenced on the prosecution's original case, the applicable sentencing guidelines indicated a starting point of 3 years and 6 months' immediate custody, exposing him to a significant risk of imprisonment.

Following careful negotiation with the prosecution, the defence successfully secured a substantial reduction in the charges. Both counts of possession with intent to supply class A were dropped to simple possession.

Both the prosecution and the sentencing Judge accepted a carefully drafted Basis of Plea, enabling our client to plead guilty to the lesser offences of:

• Two counts of possession of Class A drugs
• Two counts of possession with Intent to Supply Class B drugs

The defence also presented a comprehensive mitigation package, including evidence of our client's personal circumstances, family responsibilities, rehabilitation, and positive progress.

Particular emphasis was placed on the impact that an immediate custodial sentence would have on his wife and three young children, who rely heavily upon his support.

Despite the seriousness of the offending, the court imposed a sentence of 8 months’ imprisonment suspended for 12 months. The Court also agreed not to pursue proceedings under the Proceeds of Crime act 2002.

Given the prospect of a substantial prison sentence at the outset of proceedings, our client was delighted with the outcome.

Feedback from the client stated, "Everyone was great throughout, empathetic, informative and supportive. I am very grateful for their support."

The case was conducted by Phoebe Coleman and Lucie Hall, instructed counsel was Katy Appleton of 7 Harrington Street Chambers.