Character letters help man avoid prison term for possessing drugs

A MAN was told that no other judge would have taken the same action as he was allowed to walk free despite being found with drugs while on a suspended sentence.

Philip McCarthy narrowly avoided a jail sentence after Recorder Timothy Hannam QC was persuaded by a probation report and supporting letters which told of a changed person.

McCarthy, of Liverpool Road, Southport, had been handed a two-year suspended sentence for possession of cocaine with intent to supply in January 2020 but was again arrested just eight months later.

Prosecuting, Rebecca Ellen Smith told Liverpool Crown Court that the latest offence involved a much smaller amount of illicit substances and came after police attended McCarthy’s then home at Scarisbrick New Road.

There, they found a bag containing 0.24g of cocaine as well as two types of Class C drugs – 24 Stanozolol tablets and 17 oxandrolone – which McCarthy said had been bought as “fat burners” to help him lose weight.

He admitted the items were his when interviewed by police and then pleaded guilty to possession of a Class A drug and two counts of possession of Class C drugs at an earlier hearing at South Sefton Magistrates Court.

The court heard the previous conviction came after a police search found “large quantities” of cocaine packaged for supply along with two mobile phones and cash. McCarthy has since been fined for possession of cannabis which pre-dated that offence.

In total, he has 15 convictions for 23 offences including drugs, violence and driving offences.

Defending, Sarah Griffin argued it would be unjust to activate the suspended sentence order. She said McCarthy, 33, had made “significant progress” since his arrest and had stayed out of trouble and away from drugs.

She continued to explain that he had completed all tasks assigned towards his 200 hours unpaid work and had been in work installing underfloor heating until being made redundant in January and is now self-employed as a painter and decorator.

Two letters were submitted to the judge along with a probation report.

Recorder Hannam said that McCarthy was extremely lucky to receive a suspended sentence last time and that he had come into court expecting to activate it.

“But,” he said, “I have read the probation report and I have read the letters, both of which describe you in a very different light and they have left an impression.”

Taking note of his compliance with previous requirements, he decided against jailing McCarthy.

For the new offences, he ordered him to carry out an additional 50 hours unpaid work, take a six-month drugs rehabilitation course and pay a fine of £600 within three months.

Warning him of how close he came to jail, Recorder Hannam told McCarthy: “I don’t believe any other judge would take the action I have taken.”