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Possession with intent to supply (PWITS) – Sentencing Success

by | Dec 13, 2023 | Criminal Defence, POCA Solicitors

Poca Solicitors recently represented a defendant at Liverpool Crown Court charged with possession with intent to supply of almost 4 kilos of Class A drugs namely Crack Cocaine, Cocaine and heroin, a significant quantity of such being packaged into street deal size parcels.

The case was originally dealt with by the duty solicitor at Liverpool Magistrates Court prior to the involvement of Poca Solicitors.

Upon being consulted regarding the case Poca Solicitors immediately instructed Mr Peter Glenser KC of 7 Harrington Street Chambers. An early conference and assessment of the evidence was facilitated and the conclusion was that the most appropriate decision was for the Defendant to plead guilty at his first appearance in the Crown Court. 

Substantial personal mitigation for the Defendant was obtained prior to the hearing and the Sentencing Judge His Honour Trevor Jones was persuaded to move to sentence immediately despite an indication by the Crown that there was still significant telephone evidence to consider.

The starting point for sentencing was potentially as high as 12 years however following expert negotiation with the Crown and advocacy by Mr Peter Glenser KC the Judge was persuaded to place the Defendant in the category and culpability bracket of the Sentencing Guidelines proposed by the Defence. In addition the Defendant was granted a third credit for his guilty plea despite it not being entered previously at the Magistrates Court. Together with a further reduction for the personal mitigation the Defendant was sentenced to a total of 6 years of which the Defendant will serve a maximum of 3 years.

Will Southcott Solicitor commented ’30 years of experience has taught us sometimes with cases such as this an early informed decision needs to be taken as to plea. It is not always in the clients best interests to drag out a case. The fact that the Defendant was able to be privately funded enabled us to instruct Mr Glenser KC and his expertise and ability to immediately assess the Defendants best options together with advocacy skills that are beyond compare was invaluable. The learned Judges’ sentencing remarks referred to this and it was reflected in the sentence which leaves this relatively young man, who by his own admission had made a potentially catastrophic misjudgement and lifestyle choice, with a future that carries hope for both himself and his family.’