Devlin v HM Advocate

Sentencing – Producing controlled drug – Cannabis. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty to a charge of producing cannabis at his home address, paraphernalia of cultivation and 9 cannabis plants being recovered, the court held that the sheriff had misdirected herself in considering that the appellant was engaged in a large scale operation and that the enterprise was capable of producing a substantial return; the court proceed on the basis that the appellant was involved at the lower end of any cultivation enterprise and assessed the appropriate headline sentence at 18 months' imprisonment, restricted to 14 months in light of the early plea.

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