Newbury cannabis dealer Gary Smith has cocaine supplying charge dropped

It took years to bring a cocaine dealing charge to court – only for it to be dropped.

The four-year delay even prompted a judge to remark on the “extreme age” of the case.

In the dock at Reading Crown Court on Wednesday, August 27, was Gary Smith.

The 32-year-old, of Cromwell Road, Newbury, had been caught with the Class A-controlled drug, along with a quantity of the Class B-controlled drug cannabis.

He was subsequently charged with possessing both drugs with intent to supply them on June 9, 2021.

At the crown court hearing, he pleaded guilty to possessing cannabis with intent to supply it, and to a charge of simple possession of cocaine.

But he denied the most serious charge – that of possessing cocaine with intent to supply it.

Brent Martin, prosecuting, told the court: “Those pleas are acceptable to the crown.”

The cocaine dealing charge was consequently withdrawn.

Isobel McCarroll, defending, pointed out: “These offences are now four years old.”

In that time, she said, her client had not re-offended in respect of drugs.

She conceded that Smith was currently subject to a community order imposed for an offence of assault causing actual bodily harm in a domestic violence context, but added: “He is on probation and has been doing very well.”

Ms McCarroll was referring to a sentencing hearing earlier this year in which Smith was made subject to an 18-month community order.

Under its terms he was required to complete up to 26 days of rehabilitation activities and undertake 80 hours of unpaid community work.

In addition, Smith was ordered to pay £85 costs, plus a statutory victim services surcharge of £114.

He also has other, prior convictions and has previously served a prison term.

Judge Heather Norton noted there was no probation officer available but said: “We don’t need a new report but, perhaps, an addendum to see how he is doing.

“I’m told it will take five to six weeks even for an addendum to be completed.

“However I’m prepared to put it off for that time, bearing in mind the extreme age of this case.”

She stipulated that the report addendum should be prepared on an ‘all options’ basis, including custody.

Turning to Smith, Judge Norton said: “I’m adjourning for this addendum report to let us know how you’re doing on the current order.

“The fact that I’m adjourning it, and the fact I’ve made comments about how old this case is, does not necessarily mean you won’t get a custodial sentence – or even an immediate custodial sentence.

“These offences were committed quite some time ago.

“However, all options remain open.”

Smith was meanwhile released on unconditional bail.