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UK: Drug dealer with 105 previous convictions is spared jail after judge raps CPS for blunder

Herts and Essex Observer

Thursday 10 May 2012

A DRUG dealer from Thaxted is free today (Thursday, May 10) after the Crown Prosecution Service (CPS) blundered.

Police found £1,100 worth of skunk cannabis at the home of father-of-six Dean O'Neill, 39, who has 105 previous convictions.

A judge said that in such circumstances a defendant could normally expect a sentence of around 10 months in prison, but instead O'Neill was given an 18- month community order with conditions that he be supervised and attend drug rehabilitation.

Mr Justice Adrian Fulford said at Chelmsford Crown Court that he was not jailing him because the CPS did not charge him with the latest offence until a week after he had finished an 18-month prison sentence for possessing cannabis with intent to supply and possession of heroin.

The judge said that the action of the CPS in respect of O'Neill, formerly of Barnards Fields and now of Wainsford Villas, was "not acceptable".

"Nothing was done until he was released," he said.

O'Neill pleaded guilty to possessing 200g of herbal cannabis with intent to supply on March 11 last year.

The court heard that on October 13, 2010, O'Neill visited Saffron Walden police station to act as an appropriate adult for a suspect in an unconnected matter.

During a routine search, officers found residue of heroin in some tinfoil. His home at the time in Barnards Field was then searched and 75g of cannabis was discovered.

O'Neill was on bail for that when police executed a warrant on March 11, 2011 at the same address and discovered the 200g of herbal cannabis with a high skunk content.

He admitted he was going to sell it, although some would be for his own use.

Mitigating, Richard Conley said that it would be unfair if O'Neill was jailed now for that offence. He had not taken drugs since his release, he added.

http://www.hertsandessexobserver.co.uk/Dunmow-Stansted/No-jail-for-Thaxted-drug-dealer-10052012.htm

 

 

 

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