A man was caught with a tiny bit of cocaine. Because he has a very long criminal record, the judge gave him a short prison sentence. The appeal court agreed that the sentence was fair.
Key Facts
- •Appellant (52 years old) pleaded guilty to possession of 0.656 kg of crack cocaine (valued at approximately £5).
- •Offense occurred on March 22, 2022.
- •Appellant had 48 previous convictions for 125 offenses, including drug offenses, burglary, theft, robbery, driving offenses, and assault.
- •Appellant claimed the drugs were for personal use.
- •Appellant was subject to a qualifying curfew for 219 days prior to sentencing.
- •Appellant had been drug-free for five months and sought assistance from the Harbour Project in Lambeth.
Legal Principles
Sentencing for drug offenses considers quantity, value, and offender's record.
Sentencing Council Guideline for Drug Offences
Section 5(2) of the Misuse of Drugs Act 1971 (possession of class A drug).
Misuse of Drugs Act 1971
Section 23 of the Misuse of Drugs Act 1971 (warrant execution).
Misuse of Drugs Act 1971
Section 325 of the Sentencing Act 2020 (credit for time served).
Sentencing Act 2020
Section 326(3) of the Sentencing Act 2020 (qualifying curfew condition).
Sentencing Act 2020
Outcomes
Appeal dismissed.
The judge's sentence of four weeks' imprisonment (after a one-third reduction for a guilty plea and considering time served) was within the sentencing guidelines, justified by the appellant's extensive criminal record.