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Repeat drug-driver must serve 20-week prison sentence, court rules

Carlisle Crown Court

A JUDGE has ruled that a man caught drug-driving three times in two months must serve a 20-week jail term he was given by magistrates.

Carlisle Crown Court heard how 22-year-old Joshua Mossman was “lucky” to initially avoid prison last year for repeated offending behind the wheel of a Volkswagen Golf.

On May 11 Mossman drove with a banned level of drug metabolite in his system near Penrith. Less than a fortnight later he travelled while unfit through drugs in the town. Then, on July 7, 22-year-old Mossman – previously of Shap and now of no fixed address – drove while 36 times the limit for a class A ecstasy metabolite in Kendal.

After breaching an initial punishment, Mossman received an extended community order comprising 200 hours’ unpaid work in September, plus a three-year driving ban. But he failed to complete a single hour, was brought back to court last month and jailed for 20 weeks.

His appeal against the severity of that sentence was heard at the crown court by Judge James Adkin and two magistrates. But after hearing submissions on his behalf, the appeal panel concluded the 20-week jail term should remain in force.

“It seems to us that this conduct after the (original) sentence was imposed can properly be described as wilful and persistent non-compliance,” Judge Adkin ruled. “In the context of this case, our judgement is that the defendant was very lucky to escape an immediate custodial sentence in the first place.”

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