Summary
Our client was a member of cabin crew who was charged with performing an aviation function while unfit for duty through drugs. He was represented by Partner Joanne Cestaro on a privately funded basis where, thanks to her expert legal guidance, our client received a suspended sentence order rather than immediate imprisonment.
Details of the Offence
Prior to takeoff, our client’s state was not immediately detected and the flight departed as planned. However, during the early stages of the flight it became apparent that our client was unfit.
Upon landing, our client was met by the Police where he was arrested and later provided a blood sample. The results showed a positive result for two types of drugs. He was later charged with performing an aviation function while unfit for duty through drugs.
Our Defence
Our client was advised from the outset by Joanne Cestaro, a Partner in our private client team. Our client fully accepted the offence, acknowledging that his behaviour was irresponsible and made full admissions during his Police interview.
Our client wanted to ensure that his mitigation was presented as effectively as possible in order to limit any further damage to his circumstances which had already resulted in the loss of employment.
Most particularly our client wished to ensure that an immediate custodial sentence did not occur. For an offence contrary to Section 92 Railways and Transport Safety Act 2003, our client was at risk of receiving a prison sentence of up to two years. This would have significantly impacted our client both personally but also professionally.
Court
Our client’s case was heard at Isleworth Crown Court where he was represented by barrister Jon Harrison of Lamb Building Chambers.
Joanne and Jon were both strategic and targeted in their approach when preparing the mitigation for this case, particularly in light of considerable media coverage.
Thanks to this approach and the strength of the mitigation submitted on our client’s behalf, the Judge agreed to impose a six-month suspended sentence. Our client was extremely relieved at this result and very grateful to Joanne and Jon for all their help and guidance.
Client Testimonial
Thank you. Really understanding to the case, open and honest explanations of the legal process, what was required and when. Followed through with communication, explained clearly the options and provided fantastic representation. Provided the much-needed support during a difficult and challenging situation.
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