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UK: Magistrates apologise for convicted drug user's jail sentence

Gloucester Citizen

Tuesday 20 Dec 2011

MAGISTRATES slashed a convicted drug user's sentence and apologised for mistakenly sending him to jail for too long.

Yesterday the bench at Stroud Magistrates' Court cut Richard Shane Apperley's stretch behind bars for cannabis possession from four months to seven weeks, after a volunteer-run radio station presenter queried its length.

Apperley, 36, of Sheepscombe, near Stroud, is now serving consecutive sentences totalling 23 weeks rather than eight months.

The case was re-opened and re-sentenced one week after he was sent down, following a question to Gloucestershire Courts Service from Stroud FM presenter and former Labour and independent town councillor, Chas Townley.

"On behalf of the court I think an apology for the sentence that may have been made is appropriate at this time," said bench chairman Ray Drew at the conclusion of the hearing.

Earlier the court had heard how Apperley admitted possession of cannabis after 195g of the class B drug was found in his bedroom, and cultivating it when during the same police raid, 28 plants were found in a greenhouse.

This bust, in August, also netted two CS gas canisters, owned by his father, Ray Apperley who was forced to resign as Stroud District Council deputy chairman and from a county NHS watchdog committee after accepting a formal police caution for firearms possession.

Plea

He remains a councillor for The Stanleys ward though he has resigned the Conservative group whip and stands as Conservative – No Group.

At Cheltenham Magistrates' Court last Monday Richard Apperley was ordered to serve two, four month sentences for each offence, which included a 33 per cent discount from each six month tariff for an early guilty plea. But afterwards Mr Townley asked the county's courts service if the possession of cannabis offence should carry a maximum sentence of three months, reduced to two months with the 33 per cent discount.

At yesterday's hearing the bench handed down a seven week sentence to run consecutively with the four month sentence. A long community sentence was ruled out after John Search, defending, said his client and the Probation Service could not work together. "I think it falls squarely on the borderline," said Mr Search. "I'm not going to run away from you – his record is appalling, it is not good.

"Added to that, he and the Probation Service are not listening to each other. What can the bench do to put in an appropriate sentence the public would like to see?"

He said Richard Apperley's problems were caused by the use of the drug interferon to deal with hepatitis C. He said that led to heroin and cocaine abuse, but now he uses cannabis therapeutically.

Richard Apperley appeared via a video link from Gloucester prison.

The Crown, in outlining the case accepted the cannabis was for his own use. After the case, Mr Townley said: "It's good that the court has listened and re-opened the case, then re-sentenced and apologised."

http://www.thisisgloucestershire.co.uk/Magistrates-apologise-convicted-drug-user-s-jail/story-14189611-detail/story.html

 

 

 

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