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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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My 17 year old son was arrested yesterday for possesion of

Customer Question

My 17 year old son was arrested yesterday for possesion of cannibis with intent to supply. The police searched our house and removed various bags of the drug and a safe we did not know he had from his bedroom, which also contained cannibis. We knew he smoked the drug but did not know he dealt it. This is his 1st offence and he is bailed for 2 months. What are the sentancing guideline for such an offence ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Do you know the amounts of cannibis and money that were siezed?
Customer: replied 2 years ago.


We hve not been told amount but from what a saw it looked about 300gms and small amount of cash about £100.

Expert:  Jo C. replied 2 years ago.
Is it just cash and drugs?

No other paraphenalia like scales or self sealing bags?
Customer: replied 2 years ago.


Yes scales and bags as well.

Expert:  Jo C. replied 2 years ago.
Thanks.

That probably is enough to support a PWITS charge. Obviously the sentence will depend on the facts of the case that I haven't seen. There is a derth of caselaw that says that a person who is just holding the kitty for some friends is in a different position to a commercial dealer.

Cannabis is a class B drug now but the sentencing guidelines are not very helpful. I think he is probably a lesser role and so this straddles between category 3 and 4. Overall though probably he would be sentenced by the category 4 guidlines.

They say that the starting point is a low level community order and the range is a medium one to a fine. That is rather optimistic.

I would brace yourself for a high level community order in practice.

This is obviously based upon this being his first offence and there being no other aggravating features of which I am unaware.

Hope this helps. Please let me know if you need more information.

Jo

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