Supplying Class A drugs
Date Produced: 25 February 2009
Title: Drugs
Offence: Supplying Class A Drugs
Legislation: Section 4(3) and 5(3) Misuse of Drugs Act 1971
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: Life
Aggravating & Mitigating Factors
- Large amount,
- Deliberate adulteration,
- Venue of offence, eg prison.
- Sophistication,
- Supply to children/vulnerable persons.
Section 4A MDA 1971 - Offence in vicinity of school or use of courier under 18 gives rise to a statutory aggravating factor which requires a court to increase seriousness of the offence.
Relevant Sentencing Guidelines
See below.
Relevant Sentencing Case Law
NB Section 110 PCC(S)A 2000 minimum 7 years for 3rd Class A since 30.9.97.
The leading case on sentencing is R v Aramah (as amended and edited).
The minimum sentence for possession of Class A with intent should be 3 years. But see R v Singh (Satvir) 10 Cr App R (S) 402 which raised the minimum guideline to 5 years.
Afonso [2005] 1 Cr App R (S) 560 (Guideline Case)
Out of work, young addicts, no pre cons, dealing to fund their own habits, 2-2 and a half years. Later decided cases suggest Afonso should not be departed from without good cause. See Preston AGs ref No 40 of 2008 which reconfirms Afonso, and increased a suspended sentence to 2 and half years.
See also Djahit [1999] 2 Cr App R (S) 142
Low level dealer, no pre cons, modest means, 6 years prison.
Babbington [2006] 1 Cr App R (S) 4
Supply of crack to prisoner, 3 years.
Whittle [2007] EWCA Crim 539
2 x Possess Class A with intent to supply. 39 wraps of heroin and 58 of crack.
Street value £3k. 5 years upheld.
Skidmore [1997] 1 Cr App R (S) 15
D in nightclub with 50 tablets which she was selling as Ecstasy. In fact harmless substance. 2 years.
R v O'Brien 1994 15 Cr App R (S) 556
Sharing high purity heroin with friends, one of whom died. 3 years.
NB In all cases, forensic analysis of drugs to determine purity is appropriate where amounts are in excess of 500gm
The scale and nature of the dealing are always material factors.
Ancillary Orders
- POCA
- Forfeiture
Consider Also
- The amount of drug is not necessarily decisive; paraphernalia, sums of money found etc may represent a level of dealing.
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