SENTENCING STATEMENTS
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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 Kastriot Kodra
Mar 20, 2025
On sentencing, Lord Matthews said:
"You pleaded guilty at a first diet to producing Cannabis on 5 February 2024 at a business unit in the Falkirk area. You appeared in court on 6 February and on 3 October the Crown received an offer to plead guilty by section 76 letter. They could not accept your plea at that time because it was not clear whether or not you had been trafficked. It having been confirmed that you were not, your plea was then accepted.
The circumstances were clearly set out on the last occasion you appeared. Putting matters shortly, the occupiers of neighbouring properties notified the police about concerns they had surrounding their electricity bills and an unusual smell.
When the police came to investigate on 5 February 2024, you and two others were in the unit. Although you ran off, you were quickly detained.
Inside the premises was a Cannabis factory with the usual lighting and equipment. There were at the time 1,813 plants and over 61.3 kg of Cannabis bud.
The wholesale value of all of this was approximately £1.5 million.
I was told that you were 32 with no previous convictions and are from Albania. You came to this country illegally.
I have considered the contents of a Criminal Justice Social Work Report and have taken full account of what your counsel has said on your behalf.
The courts have repeatedly made it clear that a serious view must be taken of offences involving controlled drugs.
As it happens, the other two who were involved were dealt with by another judge in November. It appears that they too offered to plead guilty by section 76 procedure. Had it not been for the question of your being trafficked, it is likely that your case would have been disposed of at the same time and in the same manner. As it happens, their sentences were reduced on appeal to imprisonment for 4 years discounted from 5 years and 6 months to reflect the timing of the plea.
It has been suggested that I might treat your case differently on the basis that perhaps your involvement was lesser but no specific information has been provided which might allow me to do that.
Accordingly, I sentence you to imprisonment for 4 years, to run from 6 February 2024. Had the matter gone to trial the sentence would have been one of imprisonment for 5 years and 6 months."