likely sentence

[alexthegrea]

what sentence is likely for the following:breach of suspended sentence (9mths suspended for 2 years for possesion and possesion with intent to supply amphetamine)the order had 16 days left to run,this being a first offence.The current case(second offence) is for an almost identical offence,a newton hearing is being held on 17th Nov}I have pleaded guilty with a basis for plea which the prosecution have indicated would make a Newton hearing appropriate.What would be the likely outcome/sentence if A:the basis of plea is accepted(that technically I am guilty but did not seek to gain financially. B:the basis of plea is not accepted.The quantity of amphetamine in the case is approx 550 grams.Thanks in anticipation of any replies-D

[NORMANTHEDOG]

seeing as the second offence is the same as the first,it would not matter if there was only one day left,you could go to prison for the 2 yrs that were suspended and be sentenced on top for the second offence as well.

[redcrx]

the first sentence was suspended and was 9 months.

so youre looking at at least 9 months really arent you.

[ummmm]

Probably not Red. A bloke who kicked my front door down got a 2 year suspended and has been arrested twice since and still got off.

I think he's a grass.....!!!!

[redcrx]

youre kidding ummmm, thats appalling.I though the idea of suspended sentences was to give people a second chance to right themselves and not reoffend.

doesnt look like it works though does it :(

[New Judge]

Guidelines for dealing with those in breach of a suspended sentence suggest that unless there are "compelling reasons" to do otherwise, the suspended sentence should be invoked. The fact that the second offence was identical to the first makes that almost certain, so you are looking at the nine months sentence being activated.

The second offence will be sentenced additionally to the activated suspended sentence. The facts as determined by the Newton hearing will only affect that sentence.

[NORMANTHEDOG]

my first post was meant to say sent to prison for 9 mths,not 2 yrs.sorry.

[uno.who]

You're looking at 9 months in the pokey, plus whatever the new sentence is !