Truro drugged-up dealer had cocaine and children in car when stopped

CornwallLive ^ | 27 SEP 2023 | Chris Matthews

[nickcarraway]

The drug dealer was spared jail when the judge said it took too long for Kieran Smith's case to come to court

A drug dealer has avoided a prison sentence after a judge said that the time taken to bring the case to court rendered the sentence meaningless. Kieran Smith, 28, had children in the car when he was stopped by police and found to be drugged up and carrying cocaine.

Smith, of Monterey Court in Truro, appeared at Truro Crown Court for sentence having pleaded guilty to possession with intent to supply cocaine. Prosecuting the case, Jason Beal told the court how in early January 2021 police stopped Smith driving near St Stephen with children in the car.

He admitted having cocaine in a plastic pot divided into 12 bags. He tested positive for cocaine and cannabis and was dealt for those offences at the magistrates' court.

Mr Beal described how police seized two phones and Smith told them the drugs were for personal use. The drugs were found to have a street value of between £500 and £600. The phones contained messages consistent with the supply of Class A drugs such as 'how much for 1g' and one asking if the phone user was about.

Piers Norsworthy, on behalf of Smith, said: "References speak highly of him as a hard worker and a good father."

At this point Judge Simon Carr reassured Mr Norsworthy his client would not be sent to prison, adding: "The time it has taken the prosecution to bring this to court has rendered the sentence meaningless."

Judge Carr went on to say: "As long ago as January 2021 you were stopped in a car with clear evidence you were supplying cocaine. You accepted responsibility very early on.

"This case has taken an inordinate amount of time to be brought on and I am sentencing a completely different person."

Judge Carr said that he accepted Smith was supplying friends to feed his own habit, and that he realised he had a problem and is now drug free. The court also heard how Smith is on the autistic spectrum.

Sentencing Smith to two years in prison, suspended for two years and a rehabilitation activity requirement, Judge Carr said: "A prison sentence at this stage would serve no purpose in terms of punishment or rehabilitation."