A drug addict who allowed six men to use heroin in his room at a homeless hostel has had his sentence reduced by a year.
John Paul Sykes (29), of Hyde Street, Hyde, Winchester, was sentenced to four years at Winchester Crown Court on July 9th for permitting the premises to be used for the supply of heroin.
He also admitted possessing the drug and obstructing a constable.
London's Criminal Appeal Court cut his term by one year, finding the original sentence was more applicable to a supply offence rather than one of allowing his room to be used.
Mr Justice Hughes, sitting with Mr Justice Rougier, said Sykes, who told police he was a longstanding heroin addict, had a number of convictions, including possessing one kilo of cannabis resin with intent to supply.
In May, 1998, Sykes was sentenced to six years for various offences, including a burglary in which he struck an 80-year-old householder with an iron bar.
On April 5th, some time after his release on licence for those offences, police went to search Sykes' room in the homeless hostel.
"When they arrived, he physically blocked the door to the police, became quite aggressive and there was a struggle," the judge said.
This gave the six men in his room the opportunity to discard drugs on to the floor.
"The result was that, when the search could be continued, police found small quantities of heroin, consistent with personal use by the various occupants, were strewn about the room," he said.
Sykes had a single wrap of heroin on him.
When he pleaded guilty, it was conceded that the six all used heroin and, from time to time, supplied each other by way of exchange or gift. The Crown did not proceed on a charge of supplying heroin.
"The offence was to facilitate the use and exchange of heroin by men who were users, without monetary consideration," Mr Justice Hughes said.
He noted there was no evidence of retail selling nor of corrupting others.
"In our view, on a plea of guilty at the first opportunity, the sentence imposed for the offence of permitting use of premises was, in the end, too much and would equate this offence to one of supply," he said.
But he said an aggravating feature was that when police arrived Sykes deliberately obstructed the investigation of his activities and of the other men in the room.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article