Narita Bahra KC leading Gordon Carse secured the best outcome for their client, namely a Sentence which was 2/3 less than the other individuals in the operation, who pleaded guilty, to a drugs charge, at an earlier date. 

About The Case 

This case is a key example of why challenging messages and photographic evidence emanating from telephone downloads and SIMs when charged with Drugs and Money Laundering Conspiracies is crucial.

The instruction of a respected Drug Expert Witness, a negotiated basis of plea and a full mitigation package were pivotal in achieving this result. The defence Drug Expert report resulted in Prosecution concessions regarding the reduction of the weight of the drugs involved, that messages revealed that deals were not completed and that other messages were open to innocent interpretation. Further double counting in purported transactions was identified.

The client was delighted as after serving his sentence, the client will be in a position to rebuild their life with their young family.

Narita Bahra KC and Gordon Carse were instructed by Simon O’Meara at Reeds Solicitors.

Criminal Drug Cases

In criminal drug cases, the stakes are extraordinarily high. Defendants face severe penalties, including substantial years of imprisonment, hefty financial consequences and the destruction of their family life. Therefore, the precision and accuracy of the evidence presented at trial and or accepted at Sentence is a crucial factor.

Many legal teams, often overlook the quantum of drugs. Verifying the prosecution’s findings and challenging the prosecution expert’s findings in this regard is key. The instruction of an experienced drug expert witness enables the defence team to review the prosecution case  ensure accuracy in terms of weight, and resale values and remove double counting in the key calculations, which are then deployed in any sentencing exercise.

The Importance of Accurate Drug Quantity Calculation

Drug quantity calculations, weight and pricing are critical in determining the severity of charges and any ensuing sentence. Misinterpretation of digital material can result in elevating the severity of charges, resulting in disproportionately lengthy sentences.

The Importance of Accurate Interpretation of Digital Evidence Prosecution teams often employ expert witnesses to interpret communications and transactions related to drug activities. These experts can be adept at decipheringcoded language, slang, and context-specific jargon that might appear in text messages, phone calls, or financial transactions. While their interpretations can be insightful and accurate, the subsequent application and analysis by the prosecution team can sometimes be flawed. A common issue arises when these interpretations are misapplied, leading to the double counting of drug quantities.

Why should my legal team instruct a Drug Expert?

• Critical Review and Verification: A defence expert can meticulously review the prosecution’s expert testimony and identify discrepancies or errors. For instance, if the prosecution’s case team double counts quantities by misunderstanding the context or the method of communication, a defence expert can point this out clearly and authoritatively.

• Clarifying Complex Communications: Drug transactions often involve convoluted and coded language. Defence experts, with their deep understanding of drug trade dynamics, can provide alternative interpretations of communications, demonstrating that quantities might have been exaggerated or misrepresented by the prosecution.

• Demonstrating Analytical Errors: Defence experts can use their specialised knowledge to showcase specific instances where the prosecution’s interpretations are flawed. This includes highlighting how double counting might have occurred, such as misinterpreting repeated discussions about the same batch of drugs as separate transactions.

• Providing Contextual Insight: Often, the context in which a communication takes place is crucial. A defence expert can offer insights into the cultural and operational nuances of drug transactions, which might be overlooked by prosecution experts. This context can be pivotal in showing that the actual quantities involved are far less than alleged.

• Enhancing Credibility: The presence of a credible and authoritative expert witness on the defence side can balance the scales of justice. Their testimony can introduce reasonable doubt, which is essential in criminal cases where the burden of proof lies with the prosecution.

Require Legal Representation?

We advise you to seek legal advice from a member of Garrick Law’s Criminal Defence Team. We are experts, here to provide advice, support and legal aid. Contact a member of our team today at +44 (0)203 196 7822 or email us at enquiries@garricklaw.com.