GT Stewart Solicitor were instructed to represent an ex-soldier who was charged with two offences contrary to S.42 of the Armed Forces Act 2006, namely offering to supply and supplying controlled drugs contrary to S.4(3)(a) of the Misuse of Drugs Act 1971. The circumstances were that on two occasions our client went with a group of his fellow trainees to a local pub and offered to sell a controlled drug to one of his friends and five days later supplied a controlled drug to one of his fellow trainee. The following day our client and his fellow trainee were both subject to a Compulsory Drug Test and were dismissed from the army as a result of testing positive for drugs.

We made detailed representations to the military authorities that there was insufficient evidence to prove that our client offered to sell drugs to one of his friends (first offence). The representations resulted in no evidence being offered and a not guilty verdict entered into the court record. Our client pleaded guilty to an offence of supplying drugs (second offence) and understood that the court would be considering a custodial sentence given the effect such offending has on the morale, discipline and operational effectiveness of his unit.

Our client was represented by Philip Mahoney, solicitor-advocate from our Leeds office, who was able to persuade the court to impose a Community Order, a sentence that is considerably below the starting sentence in such cases.