Admitting sharing drugs with friends leads to supply charges

The defendant was caught on cctv at a caravan park clubhouse acting suspiciously. He was subsequently apprehended by security staff and had cocaine on him. He was arrested by police and interviewed without a solicitor.

In interview his main purpose was to get out as quickly as possible, and this led him to the unfortunate decision to go into the interview alone. In interview he admitted possessing the cocaine which was found in his car, and admitted that he had supplied cocaine to his two friends by sharing it with them.

He was released on bail for further enquiries, particularly with reference to his mobile phone.

The phone when analysed had text messages which could have been interpreted as relating to drugs.

The defendant was charged with possession, supply, and intent to supply cocaine,  the amount found being about three grammes.  The ambiguous texts and the admission to past supply (sharing) gave the prosecution sufficient evidence to charge him with intent to supply, and the case went to the Crown Court.

At the Plea and Case Management hearing in Cardiff Crown court on 4th January 2010 defence counsel was successful in persuading the prosecuting barrister to accept a not guilty plea to the intent to supply charge. At the sentencing hearing the judge remarked that he had looked at the texts in this case and, had it not been for the not guilty plea having been accepted, he might well have sent the defendant to prison for a period of three years. Without that count however, the judge sentenced him to a high level Supervision Order and 200 hours of unpaid work, together with court costs.

MORAL – Don’t be so anxious to get away quickly from the police station that you go into interview unprepared and unrepresented – this defendant was very fortunate in the fact that his barrister was able to persuade the prosecutor to accept the not guilty plea.