Recent Case Success - Conditional Discharge in the Crown Court for drug-related offences
- Ben Baker
- Nov 21
- 1 min read
We are pleased that our client, charged on indictment with serious allegations of possession with intent to supply Cocaine (Class A) and Cannabis (Class B), has this week been handed the exceptional sentence of a conditional discharge.
The client faced a 'third-strike' allegation of drug supply, and was therefore at risk of the statutory minimum of 7 years' imprisonment for this third offence.
Ben Baker drafted detailed representations to the Crown regarding the state of the evidence against his client. Despite police having found multiple 'burner'-style mobile phones with nicknames taped to the back of each, we were able to demonstrate to the Crown that these devices related to a previous allegation of drug supply for which our client had already been punished. The drugs relevant to supply were found in the driver's side of the vehicle in which he was found as a passenger, his presence at the time of the stop and arrest was simply to obtain a lift home, and that he was not otherwise involved in the supply of drugs.
We were able to demonstrate to the Crown that, absent any further evidence of supply on the burner phones, all of the evidence pointed instead to the other party who had already pleaded guilty.
The Crown were persuaded to accept pleas to personal possession of drugs found at the client's home address. Counsel instructed was Rebecca Malczewski of 2 Hare Court who expertly mitigated on behalf of our client persuading the Judge to pass the exceptional sentence of a conditional discharge for both offences.
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