Scott David Darroch v. Her Majesty’s Advocate [2015] HCJAC 40

Note of appeal against sentence:- On 5 January 2015, at a first diet at Kilmarnock Sheriff Court, the appellant pled guilty to two charges of producing and being concerned in the supply of cannabis contrary to sections 4(2)(a) and 4(3)(b) of the Misuse of Drugs Act 1971. On 23 February 2015, the sheriff sentenced him to 3 years imprisonment; discounted from 4 years for the early plea. The circumstances of the offence, as agreed in a narration provided to the sentencing sheriff, were that on 2 February 2014 the appellant’s home address was searched under a section 23 Misuse of Drugs Act 1971 search warrant. During the course of the search 150 cannabis plants were recovered with a yield estimated at £20-30,000 albeit it was agreed that the cultivation/supply was not on a “commercial scale” but, rather, for the appellant’s own use and partly for use by some friends who contributed to the cultivation costs. It was submitted on behalf of the appellant that having regard to his particular personal circumstances including his diagnosis for ‘Post Traumatic Stress Disorder’ following his tours of service with the Royal Engineers in Kosovo, Iraq and Afghanistan, an alternative disposal was available. It was submitted that there was a viable alternative to custody in that the CJSWR suggested a Community Payback Order, as a direct alternative to custody, including a requirement of 300 hours unpaid work in the community despite the appellant’s mental health difficulties. Here the court considered that, notwithstanding the limited distribution network and the appellant’s personal circumstances, the only appropriate disposal, given the value of the drugs recovered, was custody having regard to the guidelines of the High Court in Lin v HMA 2008 JC 142. The court noted, however, that there were a number of mitigating factors which allowed the court to reduce the sentence to 18 months discounted from 24 months on account of the plea of guilty.