Crown Prosecution Service offer no evidence at Kingston Crown Court
We represented a client who had been charged with:
Two counts of possession with intent to supply class A drugs,
Possession of criminal property, and
Driving without insurance.
Our client was stopped in their vehicle by the police. A small quantity of class A drugs, cash, a Rolex and ‘Cartier’ bracelet were recovered. A larger quantity of class A drugs were recovered during a search of our client’s home address. Our client accepted that they were in possession of class A drugs but denied any intention to supply those drugs to anyone else.
Expert reports challenge the Crown’s case
We worked with our client to obtain evidence which supported their account. We instructed Dr Richard Taylor, a jewellery expert, who confirmed that the ‘Cartier’ bracelet was not a genuine Cartier bracelet. It was in fact costume jewellery of nominal value.
We also instructed Ian Broughton, a drug expert witness, and retired Detective Sergeant of exemplary service, who prepared a comprehensive report. The report undermined the Crown Prosecution Service's (CPS) expert evidence and supported our client’s account. Despite this, the CPS confirmed that they were proceeding with the case against our client.
At the Court’s direction, a joint expert report was prepared. The report once again supported our client’s case. On receipt of this report, the CPS reviewed the case against our client. However, they confirmed that they still intended to proceed with one count of possession with intent to supply class A drugs.
Challenging the CPS' decision
Following this decision, we served a pre-action protocol letter. We argued that the CPS had failed to properly apply the full code test and failed to properly consider the reports prepared by Ian Broughton. Following receipt of the pre-action protocol letter, the CPS confirmed that they would accept pleas to simple possession of class A drugs.
Outcome
Our client entered their guilty pleas to simple possession of class A drugs and the CPS offered no evidence in relation to the allegations of possession with intent to supply class A drugs and possession of criminal property. Our client was sentenced to a financial penalty.
Our client was represented by Sabrina Neves, a Solicitor in our Croydon Crime Team, and in Court by Ed Fenner, Counsel from Furnival Chambers.