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Class C - Possible Sentence?
Hi All
I was wondering if anyone might be able to point me in the correct direction for this, I was recently charged with "Importation of Class C drugs and Possession of Class C drugs with intent to supply" I have been charged with 4 offences.
Charge 1 - "With intent to evade any prohibition or restriction for the time being in force with respect to drugs by or under any enactment, unloaded from an aircraft, namely Diazepam, a Class C drug, namely 41,000 Diazepam tablets
-- LEGISLATION: 'Contrary to section 50(2)(a), (4) and (5) of and Schedule 1 to the customs and Excise Management Act 1979.'
Charge 2 - "With intent to evade any prohibition or restriction for the time being in force with respect to drugs by or under any enactment, unloaded from an aircraft, namely Diazepam, a Class C drug, namely 51,000 Diazepam tablets
-- LEGISLATION: 'Contrary to section 50(2)(a), (4) and (5) of and Schedule 1 to the customs and Excise Management Act 1979.'
Charge 3 - "Had in your possession 51,000 Diazepam tablets a controlled drug of class C with intent to supply it to another, in contravention of section 4(1) of the Misuse of Drugs Act 1971
-- LEGISLATION: 'Contrary to the section 5(3) of and Schedule 4 to the misuse of Drugs Act 1971.'
Charge 4 - "Attempted to have in your possession 41,000 Diazepam tablets, a controlled drug of class C, with intent to supply it to another, in contravention of section 4(1) of the Misuse of Drugs Act 1971"
-- LEGISLATION: 'Contrary to section 1(1) of the Criminal Attempts Act 1981.'
I don't condone the above, but I was wondering if someone may be able to let me know what to expect when I appear at the magistrates court for my first appearance, I have never had any police trouble previously and wondered if this may be able to be a suspended sentence or if I will actually be looking at prison time.
Thanks
I was wondering if anyone might be able to point me in the correct direction for this, I was recently charged with "Importation of Class C drugs and Possession of Class C drugs with intent to supply" I have been charged with 4 offences.
Charge 1 - "With intent to evade any prohibition or restriction for the time being in force with respect to drugs by or under any enactment, unloaded from an aircraft, namely Diazepam, a Class C drug, namely 41,000 Diazepam tablets
-- LEGISLATION: 'Contrary to section 50(2)(a), (4) and (5) of and Schedule 1 to the customs and Excise Management Act 1979.'
Charge 2 - "With intent to evade any prohibition or restriction for the time being in force with respect to drugs by or under any enactment, unloaded from an aircraft, namely Diazepam, a Class C drug, namely 51,000 Diazepam tablets
-- LEGISLATION: 'Contrary to section 50(2)(a), (4) and (5) of and Schedule 1 to the customs and Excise Management Act 1979.'
Charge 3 - "Had in your possession 51,000 Diazepam tablets a controlled drug of class C with intent to supply it to another, in contravention of section 4(1) of the Misuse of Drugs Act 1971
-- LEGISLATION: 'Contrary to the section 5(3) of and Schedule 4 to the misuse of Drugs Act 1971.'
Charge 4 - "Attempted to have in your possession 41,000 Diazepam tablets, a controlled drug of class C, with intent to supply it to another, in contravention of section 4(1) of the Misuse of Drugs Act 1971"
-- LEGISLATION: 'Contrary to section 1(1) of the Criminal Attempts Act 1981.'
I don't condone the above, but I was wondering if someone may be able to let me know what to expect when I appear at the magistrates court for my first appearance, I have never had any police trouble previously and wondered if this may be able to be a suspended sentence or if I will actually be looking at prison time.
Thanks
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Nothing much is likely to happen at the magistrates court, other than that they'll then pass the case up to the Crown court. They'll do that because the quantities involved, and the number of offences, will suggest to them that their sentencing powers might be insufficient. The maximum sentence magistrates can pass is 6 months for a single offence or 12 months for multiple offences. However that doesn't automatically mean that you're going to prison; Crown courts frequently impose non-custodial sentences (or suspended custodial ones) even though the magistrates who referred the case up clearly expected something more.
The first hearing at the Crown court will simply be a formality as well. ('Plea and case management').
See pages 3 to 8 here to read what the judge must consider when passing sentence:
https:/
Diazepam (when purchased through 'legitimate' sources) is sold in 2mg, 5mg and 10mg tablets. A 2mg tablet might weigh 0.15g, so 182,000 of them could weigh around 27.3kg. So, even if you'd got the smallest tablets, that's a hell of a lot of drugs, possibly putting the offence around 'Category 2'. The court would then have to consider whether you were simply acting as a 'mule' for someone else or if you'd carefully planned to import the drugs yourself (in order to determine whether your role was 'leading', 'significant' or 'lesser'). The table on page 6 then applies.
When looking at that table you need to be aware that the sentences shown there would be reduced for an early guilty plea (by a third in the case of custodial sentences), that sentences of up to two year's imprisonment can be suspended (but higher ones can't be) and that when a custodial sentence is passed the actual time the offender actually spends 'banged up' is a half of the nominal sentence.
You'll see (from the top of page 7) that judges are required to always consider the possibility of a non-custodial sentence, or of a suspended custodial sentence, for Class C offences. So you might, at least, stand a chance of avoiding prison. However, with such a large quantity involved, it would still be wise to pack a bag for your sentencing hearing.
The first hearing at the Crown court will simply be a formality as well. ('Plea and case management').
See pages 3 to 8 here to read what the judge must consider when passing sentence:
https:/
Diazepam (when purchased through 'legitimate' sources) is sold in 2mg, 5mg and 10mg tablets. A 2mg tablet might weigh 0.15g, so 182,000 of them could weigh around 27.3kg. So, even if you'd got the smallest tablets, that's a hell of a lot of drugs, possibly putting the offence around 'Category 2'. The court would then have to consider whether you were simply acting as a 'mule' for someone else or if you'd carefully planned to import the drugs yourself (in order to determine whether your role was 'leading', 'significant' or 'lesser'). The table on page 6 then applies.
When looking at that table you need to be aware that the sentences shown there would be reduced for an early guilty plea (by a third in the case of custodial sentences), that sentences of up to two year's imprisonment can be suspended (but higher ones can't be) and that when a custodial sentence is passed the actual time the offender actually spends 'banged up' is a half of the nominal sentence.
You'll see (from the top of page 7) that judges are required to always consider the possibility of a non-custodial sentence, or of a suspended custodial sentence, for Class C offences. So you might, at least, stand a chance of avoiding prison. However, with such a large quantity involved, it would still be wise to pack a bag for your sentencing hearing.
Sentencing guidelines here
https:/
The maximum for the offence is 14 years in jail, with a guideline of community service to 6 years jail, but that is for one single offence, you are charged with 4 offences.
I would expect the magistrate to refer the case up to Crown court as there are 4 offences. I think you are looking at a few years in jail.
Remember a guilty plea at the first opportunity means the sentence will be reduced by 1/3rd. So if I were you I would plead guilty at the first hearing at magistrates. You MAY JUST get away with a community service order.
https:/
The maximum for the offence is 14 years in jail, with a guideline of community service to 6 years jail, but that is for one single offence, you are charged with 4 offences.
I would expect the magistrate to refer the case up to Crown court as there are 4 offences. I think you are looking at a few years in jail.
Remember a guilty plea at the first opportunity means the sentence will be reduced by 1/3rd. So if I were you I would plead guilty at the first hearing at magistrates. You MAY JUST get away with a community service order.
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