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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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can 28 grams of cocaine be classed as personal use

Customer Question

can 28 grams of cocaine be classed as personal use??
Submitted: 4 years ago.
Category: UK Law
Expert:  Jo C. replied 4 years ago.

Hi

 

it could be I suppose.

 

But not usually. Thats an amount that would normally be charged as a possession with intent to supply depending on the circumstances of the find I'm afraid.

Customer: replied 4 years ago.
what circumstances are required??
Expert:  Jo C. replied 4 years ago.

 

For that amount it would be likely to be a possession with intent I'm afraid. Even if there was no other evidence of dealing, the amount is just too high to justify simple possession.

 

It would be helpful if there was no cash, weighing scales, small bags etc. But that would really only relate to a defence.

Customer: replied 4 years ago.
so if you can afford 28 grams of cocaine which the prosecution know as you have a very well paid job and they have checked your bank statements proving it, and its a bulk purchase which is cheapear than buying a gram at £50 a time!!
does that not make sense???
Expert:  Jo C. replied 4 years ago.
Not really. Bulk purchases do happen but not at that level.
Customer: replied 4 years ago.
that seems very odd!! by just the volume you are charged with intent to supply by just 28 grams which isnt alot when doing it every weekend, seems very odd!! where are these guidlines set?? and who sets them??
Expert:  Jo C. replied 4 years ago.

 

Yes, thats right.

 

28 grams is a very large amount. its really a matter of judgement but not that many juries would accept that this amount was all for personal use.

Customer: replied 4 years ago.
seems very odd, there is no scales bags etc, so a person would be charged with intent to supply, but lm sure prosecution will come down to just possesion??
Expert:  Jo C. replied 4 years ago.

 

OK. Good luck then.

Customer: replied 4 years ago.
so what ur sayin is no one believe any story given??
Expert:  Jo C. replied 4 years ago.
Sorry? I dont understand?
Customer: replied 4 years ago.
so this would be a custodial sentance??
Expert:  Jo C. replied 4 years ago.

 

Not necessarily. It could be. It depends on the scale that is alleged really. There's quite a lot of caselaw that distinguishes between the levels of supply of drugs

Customer: replied 4 years ago.
very harsh the law is!! that even when ur not supplying drugs and just because u can easily afford larger amounts u are made out to be a drug dealer!!
l know this is class A drugs, but no one tells tesco u cant buy 10,000 mobile phones even though they buy in bulk and is cheaper!!

lets hope l get a jury with just a little common sense and l will be fine!!!
Expert:  Jo C. replied 4 years ago.

 

The last thing you want is a jury with common sense in this case. Such a jury would convict you I'm afraid.

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