Sinclair v HM Advocate

Sentencing – Supply of drugs – Plea in mitigation – Coercion. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty to being concerned in the supply of cannabis and on whom the sheriff imposed a sentence of 33 months' imprisonment, 6 months being attributable to bail aggravation, the sentence being discounted from 42 months because of the guilty plea, the court could not say that the headline sentence of 36 months' imprisonment was an excessive one for being concerned in the supply of Class B drugs with a value of at least £10,000, however on the appellant's account, which the court must accept in the absence of any challenge to his veracity by the Crown or sheriff, he was subject to quite severe pressure: that was not reflected in the sheriff's decision-making and the court therefore substituted a sentence of 27 months, starting with a headline sentence of 28 months, applying the same discount and adding 6 months for the bail aggravation.

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