SENTENCING STATEMENTS
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HMA v Charlotte McKinnon
Apr 3, 2024
On sentencing, Sheriff Nicol told McKinnon:
“Charlotte McKinnon you were found guilty by a jury of a number of charges which included a charge of extorting money from the complainer by putting her into a state of fear and alarm, intimidating her and threatening her with violence, a charge of being concerned in the supply of a class A drug, Diamorphine , a charge under the Proceeds of Crime Act, of concealing criminal property namely money generated from supplying controlled drugs to others and 2 further charges of threatening and abusive behaviour under section 38 of the Criminal Justice and Licensing (Scotland) Act 2010.
Given the stance which you took at trial it is not surprising that you continued to deny any involvement in these crimes, blaming the victims for falsely accusing you. It was clear that those witnesses were extremely frightened when giving evidence and Ms T and Mr D in particular have to be commended for their bravery in speaking up.
Your previous convictions are historic although you have a previous conviction from 2010 at solemn level for being concerned in the supply of diazepam. As that matter is 14 years old and was dealt with by way of community service I do not place the same emphasis on that previous conviction than might otherwise have been the case.
I have fully considered the detailed terms of the justice social work report and the submissions in mitigation which have been advanced this morning on your behalf by your counsel. I note in particular the difficulties you have faced in your family life whilst growing up and the mental health difficulties which you still face. I acknowledge that you have worked hard to recover from substance abuse. I have considered what the report says about the possibility of a community based disposal in the form of a period of supervision. That in my opinion is not a suitable disposal for these offences
The seriousness of the course of criminal offending before the Court today means that the only appropriate disposal will require to be a substantial custodial one. The charges of extortion, being concerned in the supply of class A drugs and concealing criminal property are plainly of particular gravity. I shall therefore pass the following sentences on this indictment:
On Charge 1, the extortion charge, you are sentenced to a period of imprisonment of 2 years.
On Charge 5, being concerned in the supply of a Class A drug, whilst there was no evidence to clearly indicate the amounts of Diamorphine involved, given the period that the charge covers and having regard to the evidence as a whole, I am proceeding on the basis that you were involved to a significant degree in a major drugs operation. There may have been others who were pulling the strings and directing you, but you clearly played an active part in carrying out their instructions. The sentence on charge 5 is 3 years imprisonment.
On charge 7, the Proceeds of Crime charge, I acknowledge that there was no specific amount of money known to the Crown which they were able to libel. However, having regard to the period over which the concealment took place and the evidence from 2 snapshots in time that £175,000 was counted on one occasion and £30,000 was counted on another, the appropriate sentence is 4 years imprisonment.
Charges 2 and 4, the section 38 charges, will be dealt with in cumulo. On those, you shall be sentenced to 1 year’s imprisonment.
All sentences will run concurrently with one another and be effective from today’s date.”
03.04.24