15-GTE-1303webragout

Court halves alcoholic's sentence

Wednesday, September 02, 2009, 06:30

MAGISTRATES were "in no way justified" in jailing an alcoholic – who gave a diazepam tablet to a teenager – for eight weeks, a court has ruled.

Stephen Whitehead, 50, of Hawerby House, Immingham, admitted supplying the class C drug to the 15-year-old girl on March 14.

His sentence has now been halved after an appeal to Grimsby Crown Court after his initial appeal before Grimsby magistrates.

Judge Jeremy Richardson QC said the sentence was "excessive" and "in no way justified" after hearing it exceeded Government sentencing guidelines for the offence.

Representing Whitehead at the appeal, Richard Butters said: "He feels very aggrieved by this sentence indeed."

He said that the maximum sentence that should be imposed for the offence was six weeks, following a trial.

Whitehead's guilty pleas meant the sentence must be reduced by one third, he said.

The court heard Whitehead gave the girl – who cannot be named for legal reasons – one diazepam tablet after she turned up at his home "distressed".

Responding to the appeal, Wendy Foster said: "Police went to his address after hearing a girl who was wanted on bail was there.

"When they arrived, he said that the girl had a diazepam tablet in her pocket.

"In interview, he said that she was not feeling right and he thought the tablet would calm her down.

"He said he knew it wouldn't harm her because it was prescribed to him and he knew the effects of it."

Mr Butters said: "He thinks, in his own mind, that he did the right thing by this girl."

Judge Richardson QC said: "You gave a 15-year-old girl this drug, and therefore deserve a prison sentence, but two months was excessive."

APPEAL:   Stephen Whitehead, whose sentence has been halved after an appeal to Grimsby Crown Court.

APPEAL: Stephen Whitehead, whose sentence has been halved after an appeal to Grimsby Crown Court.

 

   















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