Allowing premises to be used for drug related activities
Date Produced: 23 August 2007
Title: Drugs
Offence: Allowing premises to be used for drug related activities
Legislation: Section 8 Misuse of Drugs Act 1971
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: 14 years regardless of the Class of drug.
Aggravating & Mitigating Factors
- Corruption
- Profit
- Level of involvement
Relevant Sentencing Guidelines
None
Relevant Sentencing Case Law
Morrison [1996] 1 Cr App R (S) 263
D allowed young people age 14 and 15 to smoke cannabis in his house. No evidence that he supplied the drug. 12 months.
Coulson [2001] 1 Cr App R (S) 121
2 persons who were engaged in dealing drugs moved into Ds flat and began supplying heroin. D in full knowledge. 30 months imprisonment.
Setchall [2002] 1 Cr App R (S) 76
Single mother of 3 children allowed her tenanted house to be used for the supply of heroin. G plea. No evidence of profit. Personal circumstances allowed the court to reduce a 12 month sentence to 4 months.
Kilby [2002] 2 Cr App R (S) 6
D allowed his home to be used for the supply of heroin by another to 4 others. No evidence of profit. 3 years reduced to 2.
Phillips [2003] 2 Cr App R (S) 14
D allowed his tenanted home to be used for the supply of crack over a period of a month. He was paid in drugs. G plea. 3 and a half years.
Ancillary Orders
- POCA
- ASBO
- Forfeiture
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