Simpson and Wallace v HM Advocate

Sentencing – Supply of drugs – Aggravation by connection with serious organised crime – Double counting. High Court of Justiciary: Allowing appeals by two appellants who pled guilty to charges of being concerned in the supply of cocaine and diamorphine, both offences aggravated by a connection with serious organised crime, and who were sentenced to periods of imprisonment with, in each case, 12 months attributable to the serious organised crime aggravations, the court held that there were no additional factors taken into account in relation to the aggravations which had not properly been taken into account in determining the sentences for the substantive offences, so that did, as the appellants contended, amount to an element of 'double counting' and accordingly that part of each sentence relating to the aggravation would be quashed.

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