Natalie Dean secures suspended sentence for a client facing a custodial sentence

Natalie was recently instructed to defend a woman charged with conveying a list ‘A’ article into a prison. The offence was committed when the woman handed across drugs to her ex-partner whilst visiting him in HMP Humber after passing an enhanced security gate and been searched before entering the visits hall.

The prosecution provided the court with several Court of Appeal judgments that supported the position that this offence should result in a custodial sentence, even in cases of single parents and those with no previous convictions. Natalie prepared a detailed defence sentencing note and was able to distinguish the case law before the court and drew the court’s attention to case law regarding imposing custodial sentences on parents, in particular R v Tamang [2024] EWCA Crim 62, which sets out that the impact on dependent children can justify the suspension of a custodial sentence. Natalie also highlighted the case of R V Kelly Hamilton [2016] EWCA Crim 78, which indicates that it is appropriate for the court to have regard of the equivalent possession with intent to supply guidelines in such a case.

 The court made it clear that in all but exceptional circumstances this offence results in an immediate custodial sentence. After comprehensive mitigation on behalf of the defendant the court imposed a 9-month sentence, suspended for 18 months.

Natalie was instructed by Emily Pearson from AMH Solicitors.