APPEAL COURT, HIGH COURT OF JUSTICIARY
Lady Paton Lady Smith	[2015] HCJAC18 HCA/2014-004958-XC   STATEMENT OF REASONS   delivered by LADY PATON   in   APPEAL AGAINST SENTENCE   by   ANDREW FISHER   Appellant;   against   HER MAJESTY’S ADVOCATE   Respondent:   _____________

 

Appellant:  N Wilson Solicitor Advocate;  Gilfedder McInnes

Respondent: A Brown QC, AD;  Crown Agent

 

4 February 2015

 

[1]        The appellant was selling ecstasy tablets to fund his own heroin habit.  He was found with over 100 ecstasy tablets at an event, a rave, and the plea which was tendered on his behalf was on the basis of a “one-off intent to supply situation” rather than continuing supply over weeks and months. 

[2]        The appellant’s arrest resulted in his coming off heroin, without any assistance, and also finding steady employment.  He has no material previous convictions, and has never before served a custodial sentence.  We are advised today that he has thought carefully over what has occurred, and has resolved never to become involved in illegal drugs again. 

[3]        While we agree wholeheartedly with the sheriff’s approach to the question of supplying class A drugs, we consider that, in the particular circumstances of this case, more weight should have been given to the mitigating factors.  Accordingly, in our view, the starting point selected should have been two and a half years.  Applying the discount of 25%, the sentence would be one year, ten months. 

[4]        We accordingly quash the sentence of three years and substitute therefor a sentence of two and half years, discounted to one year, ten months.          

 

 

 

 

 

 

 

lau.