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by Keith Hunt
A mother who took a small amount of heroin into prison for her boyfriend to cheer him up is now behind bars herself.
Nicola James was jailed for two years after a judge said he would be failing in his duty if he suspended the sentence.
The 36-year-old, of Willow Crescent, Staplehurst, admitted possessing 291mg of the drug with intent to supply.
Maidstone Crown Court heard James, who has an eight-year-old son, went to visit her boyfriend in Elmley Prison, Sheppey, on September 15 last year.
Lucy Luttman, prosecuting, said James was in the visiting hall when prison officers saw her take something out and put it in a bag of sweets.
She was searched and the wrap of heroin, worth about £15, was discovered. She told officers: “It’s just a little bit of gear.” She added her partner had been down and it was to make him feel better.
Tom Stern, defending, said it was a sad state of affairs for James to find herself in such a predicament.
She went to school in Lenham and then escaped from the estates of Maidstone to live in Staplehurst, he said.
He submitted the court could take an unusual and merciful course and pass a sentence that allowed James, a heroin addict, her freedom.
Judge Charles Macdonald QC said the Court of Appeal had stated it was only appropriate to pass a non-custodial sentence for such offences in the most exceptional circumstances.
“In mitigation, you are remorseful and have made attempts to overcome your addiction,” he said. “You are the sole carer of a son of eight. That, however, cannot prevent me passing a custodial sentence."