In May this year Karl was convicted of possession of cannabis with intent to supply, contrary to s.5(3) of the Misuse of Drugs Act 1971, following a trial in the Crown Court. Karl elected trial in the Crown Court. When interviewed about this offence, Karl remained silent to all questions that were put to him in interview at the police station. At trial he gave evidence and put forward a detailed account of why he claimed he was innocent. He was on bail for possession of cannabis at the time of this offence. Karl has no previous convictions.

On the basis of the facts given above, when deciding the seriousness of the possession with intent to supply offence, which ONE of the following matters will the court take into account.

The fact that Karl was on bail at the time of the possession with intent to supply offence

The fact that Karl remained silent when originally interviewed by the police about this offence

The fact that Karl pleaded not guilty to the possession with intent to supply offence

The fact that Karl put forward a detailed defence that was not believed by the jury at trial