Firearms charge discontinued and basis of plea agreed in serious drugs case
We represented a client who was arrested, interviewed and charged by West Yorkshire Police in relation to allegations of:
possession of a firearm (contrary to section 5(1)(aba) and Schedule 6 to the Firearms Act 1968),
possession of ammunition (Contrary to section 1(1)(b) and Schedule 6 to the Firearms Act 1968),
possession with intent to supply class A, B and C drugs (Contrary to section 5(3) and Schedule 4 to the Misuse of Drugs Act 1971) and,
a money laundering offence (Contrary to sections 329(1) and 334 of the Proceeds of Crime Act 2002).
The Prosecution's Case
It was alleged that our client had possessed drugs with intent to supply, had possessed criminal property - namely a large amount of cash, and had possessed a firearm which carried a mandatory minimum sentence of five years imprisonment.
At the police station, we advised our client to provide a brief account in the form of a prepared statement. In that statement, he said that he had been pressured and intimidated into selling drugs as he owed a drug debt and that this amounted to duress. He denied possession of a firearm and provided a legal explanation for the large amount of cash.
Expert Evidence
We instructed firearms expert David Platt from Keith Borer Consultants, to examine the firearm concerned. The expert concluded that, in his opinion, the item was an ‘antique firearm’. In accordance with Section 58(2) of the Firearms Act 1968, “nothing in this Act relating to firearms shall apply to an antique firearm which is sold, transferred, purchased, acquired or possessed as a curiosity or ornament”.
Outcome
We served the expert report and made representations to the Crown Prosecution Service to discontinue the firearms charge, which were initially refused.
On the day of trial, the Crown decided not to proceed with the firearms allegation. Our client pleaded guilty subject to a basis of plea in relation to offences of possession with intent to supply class A, B and C drugs. The basis reflected that he had been pressured and intimidated into selling drugs because of a drug debt.
Our client received a three-year custodial sentence. The firearms charge alone carried a mandatory minimum sentence of five years.
Our client was represented by Hasan Khan, a Solicitor from our Leeds office, with Philip Mahoney, Solicitor Advocate at GT Stewart, and Ian Hudson of Park Square Barristers instructed as counsel.