Smart v HM Advocate

Sentencing – Young offender – Supply of drugs. High Court of Justiciary: Allowing an appeal against sentence by an appellant who, aged 18, pled guilty to an offence of being concerned in the supply of heroin with a maximum street value of £1,100, and was sentenced to 27 months' detention, the court held that it was always necessary to consider the individual context, in which the youth of an offender would be a very important consideration; even a very serious offence which might require a custodial sentence for an adult might not do so in relation to a young person; there were several positive pointers for the future in relation to the appellant; and to suggest in those circumstances that nothing other than a custodial disposal was appropriate for him was simply wrong. The court substituted a community payback order for a period of 3 years, with a supervision requirement and a requirement that the appellant carry out 300 hours of unpaid work in the community.

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