Andrew Fisher v. Her Majesty’s Advocate [2015] HCJAC18

Note of appeal against sentence:- The appellant pled guilty on indictment to being in possession of a quantity of 100 ecstasy tablets with intent to supply contrary to section 5(3) of the Misuse of Drugs Act 1971. The appellant was sentenced to 3 years imprisonment as a starting point discounted by 25% on account of the plea. He appealed against the sentence imposed. It was submitted on behalf of the appellant that:- (1) he was selling ecstasy tablets to fund his own heroin habit; (2) the plea was on the basis of a “one-off intent to supply situation” rather than over a longer period; (3) following his arrest the appellant has abstained from heroin use and obtained employment; and (4) the appellant had no relevant previous convictions and had never served a prison sentence. Here the court allowed the appeal and substituted a starting point of two and half years, discounted to one year, ten months on account of the plea of guilty. The court observed that whilst it agreed with the sheriff’s approach in relation to the supply of class A drugs it felt that insufficient weight had been placed on the mitigating factors present.