Whiteford v HM Advocate

Sentencing – Possession with intent to supply Class A drug – Plea in mitigation – Effect of sentence on children –Discount to reflect guilty plea. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty to possessing diamorphine with intention to supply it to others, and who was sentenced to 42 months' imprisonment, the court held that having regard to the fact that the sheriff had erred in his approach to the plea in mitigation, in not explaining to the appeal court his positon on any discount to reflect the guilty plea, and in not attaching sufficient weight to the effect 42 months' imprisonment might have on the appellant's children, and to the fact that the time libelled for the offence was only one day, the 42-month sentence was excessive, and it substituted one of 30 months' imprisonment, discounted from a starting point of 33 months to reflect the guilty plea.

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