Supply of Class A: Acquittal in the Crown Court

Sophia Vargas Sanchez represented D who was originally charged with being concerned in the supply of class A drugs, heroin and crack cocaine, as well as possessing criminal property.

Sophia took careful instructions from D from the magistrates’ court stage where he denied involvement in Class A dealing. Sophia was also able to discover that D was involved in the supply of Class B but more importantly, was doing so under threats from another higher up in the supply chain. Despite this admission being made as part of D’s defence statement where he denied involvement in Class A supply, the Crown did consider Class B charges.

The case proceeded to trial and D maintained his position throughout. The Crown’s drug expert was of the view that messages sent to and from D were representative of being concerned in supply of Class A. Sophia instructed Leon Lynch of 25 Bedford Row Chambers who was able to cross-examine the drug expert to reveal that they had never been instructed to consider Class B supply when reviewing said messages. Mr Lynch also put forward a successful application to exclude further text messages from being served during the trial. Sophia provided counsel with additional information from D’s roadside drug test to reveal that D never tested positive for cocaine upon arrest, contrary to what the Crown had affirmed.

The indictment was amended 2 days into the trial where the Crown conceded that there was evidence of being concerned in supply of Class B supply but also added a further charge of being concerned in the supply of cocaine. D’s legal team nevertheless continued to advance D’s instructions on being not guilty of Class A supply.

The instructions taken by Sophia and the defence material gathered from the early stages of this case proved pivotal in ensuring that D was not pressured to plead guilty to Class A charges when the evidence appeared to be overwhelming.

With the help of Mr Lynch, D was able to affirm his account of events in evidence.

D was ultimately acquitted of 3 counts of being concerned in the supply of Class A and one count of possessing criminal property. D will now proceed to sentence for only one count of being concerned in supply of Class B drugs which he admitted in his defence statement and was finally able to plead to when it was added to the trial indictment.