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28
Feb
A Ripon man has been spared prison for dealing cocaine due to yet another inordinate delay in the case reaching court.
Thomas Hinchcliffe, 26, was arrested following a drug bust. Analysis of his mobile phone indicated he had been dealing high-purity cocaine over a four-month period between August and December 2021, York Crown Court heard.
Prosecutor Zarreen Alan-Cheetham said that during the drug bust, police found a large number of zip-lock bags, but the total weight of the cocaine seized from Hinchcliffe amounted to just 2.55 grammes.
However, messages on his phone suggested he had been offering high-purity cocaine for sale during a four-month period.
Following his arrest in March 2022, Hinchcliffe initially denied dealing the Class A drug, claiming he was buying in bulk for personal use as it was cheaper, and he had been a regular user of cocaine.
He was charged with possessing cocaine with intent to supply and ultimately admitted the offence. He appeared for sentence today (February 28).
Ms Alan-Cheetham said that Hinchcliffe had been selling directly to users, but that the dealing appeared to be to a “a small circle of known users”.
Defence barrister Celine Kart urged the judge to impose a suspended prison sentence, partly due to the inexplicable delay in the case reaching court.
She said that Hinchcliffe, of Ailcey Road, had not reoffended since, had no previous convictions and had stopped taking drugs.
Testimonials showed he was otherwise of “positive” character and he had a job despite a difficult background.
Judge Sean Morris, the Recorder of York, told Hinchcliffe:
I’m prepared to say that you were naïve as to the seriousness of what you were up to (and) you weren’t part of any large gang.
This is a very old case now and that’s what’s going to save you from going to prison straight away, because if the authorities and the Crown Prosecution Service expect these courts to do justice, then they have to bring cases quicker.
None of this delay is down to you. You have turned your life around and you are now, no doubt, a totally different individual.
Mr Morris said he was prepared to suspend the inevitable jail sentence, telling the Ripon man: “It would be a tragedy to put you back to square one”.
The two-year jail sentence was suspended for 24 months.
In passing sentence, the judge told Hinchcliffe:
Don’t you ever come into my court again. Ripon can do without things like this.
Hinchcliffe was ordered to carry out 280 hours’ unpaid work and pay £150 prosecution costs.
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