A cannabis user who suffered a panic attack in court has been spared prison after being convicted of dealing heroin and cocaine to pay off a drug debt.
Nathan Noonan, 23, of Ayrshire Gardens, St Helens, was stopped by police on Marzahn Way in Widnes on November 26, 2020, and taken to Widnes Police Station for a strip search.
Mark Phillips, prosecuting, told Liverpool Crown Court on Thursday that Noonan divulged to officers he had a Kinder egg of drugs in his underwear.
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Inside the yellow container were 14 wraps of heroin and 24 of cocaine, all in £5 deals, with a total approximate value of £190 - prompting Judge Denis Watson, QC, to comment “those must be the smallest deals available”.
Noonan also handed over some cash and his mobile phone, which contained messages relating to Class A drugs.
In police interview, he answered “no comment” to most questions and was later charged with possession with intent to supply (PWITS) Class A heroin and Class A cocaine.
He appeared at Liverpool Crown Court on February 15 for his plea hearing, where he “had a panic attack”.
There were hints a similar medical episode might have been imminent at sentencing on Thursday as Noonan held a hand to his chest and wept behind his glasses.
Judge Watson told him to “take a deep breath” and reassured him he “couldn’t be in better hands” than his defence barrister Lucy Wright.
Ms Wright said Noonan had no previous convictions and his drug dealing amounted to a “lesser role” and an “aberration of behaviour”, adding: “It’s a course of events he bitterly regrets”.
She said his basis of plea was accepted by the prosecution, namely he was “required to deal the drugs by others, him having discharged or seeking to discharge a small cannabis debt”.
Ms Wright said Noonan had “a difficult start in life” and “mental health issues” but was now “totally drug-free” and had started “to turn his life around”, with plans to move away with his partner and young family.
She cited a pre-sentence report that concluded he “doesn’t pose a risk of serious harm” and was assessed as “a low risk of reoffending”.
Judge Watson indicated he was going to pass a suspended sentence before his summing-up comments to ease Noonan’s discomfort, asking him to take another deep breath.
Noonan’s distress subsided.
Judge Watson said the starting point for Class A drug dealing is four-and-a-half years for a significant role, but Noonan played a lesser role, bringing it down to three years, then further again for his previous good character and personal circumstances down to 28 months.
Finally, Noonan’s two guilty pleas to PWITS heroin and cocaine invoked 25% credit, slashing the final sentence by seven months to 21 months - within the limit for it to be suspended.
The judge sentenced Noonan to 21 months, suspended for two years.
He ordered the 23-year-old to complete up to 25 days of rehabilitation plus 100 hours of unpaid work, in addition to paying a statutory surcharge.
Judge Watson ordered the forfeiture and destruction of the heroin, cocaine and Kinder egg.
Outlining his reasoning for suspending the sentence, he told Noonan "the usual rule is that Class A drug dealers go to prison" but he had seen the basis of plea and "that all means that I can take a different view”.
Adding that Noonan had made “impressive” efforts to stay drug-free, had no previous convictions and therefore no failures to comply with court orders, plus growing family responsibility, Judge Watson said: “Therefore I can take a wholly exceptional course for Class A drugs and give you a chance because I can’t predict the future with any confidence more than anyone else, but the experienced people (in probation) say you’re worth a chance.”
Noonan was sentenced to serve one month concurrent, suspended, for one count of simple possession of Class B cannabis.
