Possession of Class A drugs

Date Produced: 23 August 2007
Title: Drugs
Offence: Possession of Class A drugs
Legislation: Section 5(2) Misuse of Drugs Act 1971
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 7 years or a fine or both

Aggravating & Mitigating Factors

• Relevant pre cons
• Quantity
• Purity

Relevant Sentencing Guidelines

See below.

Relevant Sentencing Case Law

R v Aramah 76 Cr App R 190 (as amended) leading sentencing case.

C.A. "the possible variety of considerations is so wide, including those of a medical nature, that we feel it impossible to lay down any practical guidelines"

There will be very many cases where deprivation of liberty is both proper and expedient.

R v Lutzo (1989) Cr App R (S) 495 (283mg-44% pure heroin in 2 wraps)

and

R v Gallagher (1990) Cr App R (S) 224 (3.3gm-33% pure)
Both cases reduced 12 months prison to 6 months for possession of heroin.

R v Donovan [2003] 2 Cr App R (S) 6
Possession of crack and heroin by prisoner serving life. 1.6gm crack and 3.99gm heroin.
30 months prison.

Ancillary Orders

• POCA
• Forfeiture

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