We represented Mr LR, who was charged with possession with intent to supply 280g of Class B cannabis. Our client also faced a charge for simple possession of cannabis resin.
We successfully persuaded the Magistrates to sentence our client immediately, despite the common practice of possession with intent to supply (PWITS) allegations being sent to the Crown Court for sentencing. After presenting personal mitigation and a detailed analysis of the facts, we demonstrated that our client was in a lesser role.
At the outset of the case, our client was advised by another solicitor that a lengthy prison sentence was almost guaranteed. Our client attended Court anxious that he would be separated from his partner and 6-week-old baby daughter if sentenced to imprisonment.
Defence Strategy
Using our expertise, we identified key factors to show that our client played a lesser role. The cannabis in his possession was of poor quality and an analysis of text messages on his mobile phone confirmed that he was supplying friends for free or at cost – commonly known as social supply.
We also made robust representations about the unjustifiable delay in bringing the matter to court. The initial arrest and seizure of the drugs occurred in June 2023. The Drugs Expert Witness (DEW) provided their report to the police in March 2024 and our client was subsequently charged in November 2024, appearing in court this week (January 2025).
Regarding the delay, we referenced important Court of Appeal cases, including R v Prenga, which states: “Where proceedings are unduly delayed, that delay may count as a mitigating factor in appropriate circumstances.”
Outcome
Despite the starting point for sentencing in a lesser role/Category 4 of the Sentencing Guidelines being a Community Order (e.g., community service), the court sentenced our client to a fine of just £80.
This case highlights the importance of a robust defence in complex criminal matters and demonstrates our commitment to achieving the best possible outcomes for our clients.
How Sahota & Sahota Solicitors Can Help You
If you are arrested or charged with any drugs offence, Sahota & Sahota Solicitors can provide expert legal representation at every stage, including:
- Police station representation
- Representation at the Magistrates Court and Crown Court (in England and Wales)
- Assistance with seeking Legal Aid
Our criminal defence team has a proven track record of success in defending cases involving:
- Possession with Intent to Supply
- Production or Cultivation of Controlled Drugs
- Drug Importation
- Conspiracy to Supply Drugs
- Permitting Premises to Be Used for Drug Activities
- Supplying or Producing Psychoactive Substances
- Possession of Drugs with False Prescriptions