Sentencing Practice Crown Court

[puffinacious]

Hi there, I'd appreciate some information on the following: an acquaintance of mine will shortly appear in Crown Court charged with possession with intent to supply Class A (cocaine -- he's pleading Guilty to simple possession 12g) & PWIS Class B (cannabis about 100g -- same plea). He's a relapsed addict, 46, no previous, has been in a rehab programme since last summer, lots of therapy & testing, etc, so has been clean about 8 months). My questions are:

1) is a custodial sentence likely in the event of a conviction for simple possession of the above substances? or a DTTO or whatever?

2) what sort of sentence is likely if he's found guilty as charged (I've looked at the Sentencing Guidelines, but can't really glean what actually happens in practice)

3) will he be remanded in custody for sentencing on the day, or bailed (he's been on unconditional bail since all this started, nearly a year ago now).

Thanks. He's worked hard to clean up and I just want some sense of what the future holds for him.

[northernmonkey]

Best advice would be from a solicitor.
Has he been up in court since you posted on here if so what was the outcome?
If not been to court yet, what date is he due in court ... post the outcome on here please as I would be interested in finding out what sentence he got.

However think custodial sentence will not be given due to the fact he has no previous, most probs will be given a suspended sentence and maybe get a fine ie court costs & a fine for the offence.

[sara3]

as for 2) if he pleads guilty, he IS guilty. the court doesn't then decide on a verdict.

[northernmonkey]

also due to the fact of him being on bail for about a year, that is a good thing because if he was going to be sent to prison (custodial sentence) then his court date would of been either the following morning or within a couple of weeks after his arrest. But I must be honest and say that it all depends on the circumstances surrounding his arrest.
ie
1 - Where was he seen supplying the drugs?
2 - Who did he supply them to? And how much ?

Every single person that appears before a court has their own reasons and that is why each case is assesed on its own merits therefore for anybody to tell you what will happen in respect of your friend is impossible. You can get a idea from a solicitor and then it will all depend on what the judge feels what sentence will warrant the crime commited. But as I have already mentioned because he has no criminal record apart from this that will go in his favour and also the fact he has spent quite a considerable amount of time recently in rehab so as I say let me know wht the outcome is please if already been to court and if not then let me know when it happens please!!

[dentarot]

12 grams is a lot of coke and money !
The guide lines are that of a min sentence 5-15 years for intent to supply and such amount in his possession points to such particularly if it was in seperate wraps. The half ounce of cannabis is a much lesser amount and may be consider for self use and would not carry a custodial sentence as such , more likely a fine.
I have been working with a young 18 year old that was selling a very bad mix of coke and arrested, he has been given a five year sentence, however he had previous convictions but non that led to a custodial sentence. A great deal of the outcome depends very much on the judge at trail and his attitude to drugs.
I hope all ends well !

[sacha.86]

he has no chance (of only getting found guilty for possession), if the substances were bagged out and ready to go (if you like)...... if they were separately bagged out, he is best off pleading guilty to:- intent to supply (as he will get a third knocked off his sentence). If they weren't divided (and hes pleading guilty to possession) then i doubt he will get a custodial sentence for his 1st offense (taking into account the overcrowding in prisons, amonng other things), then again i am not a solicitor and it all depends on the judge he gets at the end off the day. Looking smart, conducting himself well and speaking with manner and remorse will help.