SENTENCING STATEMENTS
A judge may decide to publish a statement after passing sentence on an offender in cases where there is particular public interest; where a case has legal significance; or where providing the reasons for the decision might assist public understanding.
Please note that statements may include graphic details of offences when it is necessary to fully explain the reasons behind a sentencing decision.
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When deciding a sentence, a judge must deal with the offence that the offender has been convicted of, taking into account the unique circumstances of each particular case. The judge will carefully consider the facts that are presented to the Court by both the prosecution and by the defence.
For more information about how judges decide sentences; what sentences are available; and matters such as temporary release, see the independent Scottish Sentencing Council website.
Read more about victims of crime and sentencing.
HMA v James McMillan
Apr 29, 2020
On sentencing, Lord Uist made the following statement in court:
“You pleaded guilty to being concerned in the supplying of just over 6 kilos of heroin with a minimum value of £86,000 and a maximum value of about £461,000 in Crewe Road North, Edinburgh on the evening of Friday 1 November 2019.
The circumstances in which you came to be found there were bizarre. The car which you were driving was straddled across the middle of the road, had damage to its front nearside wheel and its two front tyres were punctured, shredded and had come off the wheel rims. A taxi driver and his passenger stopped to help you by pushing the car to the side of the road but were able to push it only a short distance forward. It was obvious that you were under the influence of some substance, which you have since disclosed to be street Valium. When the police arrived on the scene shortly thereafter they found the car unattended. You then approached them carrying a holdall containing 12 blocks of heroin over your shoulder. You told the police that the drugs were not yours, that you were keeping them for someone, that you owed someone money. Following upon your arrest you failed to provide a specimen of blood at the police station when required to do so.
You are now 26 years old. You have a criminal record dating from 2010 which relates mainly to an earlier period of your life, but you have never previously received a custodial sentence. You have a good work record. I have read the very helpful criminal justice social work report on you and take into account all that has been said on your behalf in mitigation. You must nevertheless appreciate that heroin is a drug which causes untold damage to those who take it and to the community in general. Couriers such as you are an essential link in the chain of supply. It is fortunate that the police were able to stop this huge quantity of heroin getting onto the streets.
On charge 1, the drugs charge, I would have imposed a sentence of five years imprisonment had you been convicted by a jury after trial. As you pleaded guilty at an early stage that sentence will be reduced to three years four months imprisonment from today’s date. On charge 2, the charge of refusing to provide a sample of blood, you are admonished, your licence is endorsed and you are disqualified from driving for a period of two years.”
29 April 2020