Two counts of possession

[KinkyDorito]

Just wondering if anyone knows the kind of sentence given for possession? My DB has just been charged.

He OD-d, was taken to hospital, discharged himself. The hospital reported him for possession of coke. The police turned up on my DM's doorstep (she is mortified, btw) and asked if they could look in his room. She let them in and they found weed. So he was taken to the station and charged with 2 counts of possession.

I'm guessing one Class B (coke) and one Class B (weed).

Apparently, he had been cautioned for possession last year and not told any of us. He is in a real mess at the moment, mentally and physically, and we are all very, very worried about him. He won't seek help though - he's a secretive sort.

Any advice would be gratefully received.

I meant Class A for coke. I know this carries a maximum 7 year sentence, but wondered how often this would be imposed. Also, is there anything he can do in the meantime to try and persuade a judge not to jail him.

I would imagine it depends on how much of each he had possession of. I think for a small amount it is very unlikely that he will get more than a fine. To make a good impression with the judge he would need to be remorseful & seek help to give up using drugs.

Under current sentencing guidelines the starting point for possession of a Class A drug is a Band C fine which is between 125% and 175% of relevant weekly income. For a Class B drug the starting point is a Band B fine which is between 75% and 125% of relevant weekly income.

The court then has to look at a long list of aggravating factors and mitigating factors that may lead them to adjust the sentence up or down. This adjustment is usually within the range for the offence but it can sometimes take the final sentence outside the normal range. For the Class A offence the sentencing range under current guidelines is from a Band A fine (25% to 75% of weekly income) to 51 weeks. For the Class B offence the sentencing range is from discharge through to 26 weeks.

Other factors may reduce the sentence further such as helping the prosecution and/or pleading guilty.

As there are two offences the court has to consider whether the sentence is just and proportionate. That means the overall penalty may be less than you would get by simply adding together the penalty for each offence.

Thanks so much for both answers. So a custodial sentence is less likely unless he does something to make the situation worse in the meantime? I was going to suggest DPs point him in the direction of a solicitor so he can get some advice on how best to conduct himself between now and court.

His mitigating factors will be in full time work, first time offence, lives with parents... will try and persuade him to get himself to some counselling I think.

a custodial sentence is less likely unless he does something to make the situation worse in the meantime

It isn't just about things he does after the offence. It depends on how serious the offence was in the first place. For example, if it had taken place in a school or pub that would push the sentence up. But if the facts are as you describe and there are no other aggravating factors I would be surprised if he gets a custodial sentence.

And getting some counselling would certainly help as that would show he is taking steps to address his behaviour.

I've spoken to DM and he's going to see a solicitor in the morning so hopefully he will get some sensible advice there. He was out for the count on a bench outside a pub where he was found. The hospital discovered the drugs on him and reported him.

Thanks again prh.

I'd be looking at whether this a serious enough crime for the hospital to be breaching confidentiality. Unless the hospital were worried about his safety and weren't actually reporting him for the coke, and the police came across it themsleves?

He was taken by ambulance into hospital on Friday night, DM got call at 10.30pm. (She works there, knows everyone, was horrified.) When he finally became lucid at about 1.30am, he started being loud and sweary, ripping off monitors, refusing scans. Security came but just to stand over him - he wasn't aggressive/violent as far as I know. It is fair to say at this point he was still very much out of it. By 3.30am they wanted to admit him, but he refused. DM brought him back as they don't live far from hospital and arguing with him at that point seemed more hassle than it was worth.

Police showed up Saturday afternoon. Asked to search bedroom, DM said yes. Taken to station and charged on 2 counts of possession - one for the coke that was on him at hospital (although he'd actually OD'd on ketamine and told them this), one count for weed found in his bedroom.

He is such an idiot.

The police definitely did not discover the coke - that was taken off him at hospital and they are the ones who reported him. They might have done it as he refused admission? Lord knows. What a mess.