SENTENCING STATEMENTS
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HMA v Russell Smith
Jan 6, 2026
On sentencing, Lord Cubie told Smith:
“You pled guilty to a charge of being involved in serious organised crime and agreeing with others to concern yourselves in the supply of the class A drug namely cocaine.
The agreed narrative disclosed that your involvement related to purchasing, collecting, transporting and supplying kilogram quantities of cocaine on a wholesale basis and arranging meetings necessary to facilitate this activity. Over the period it has been agreed that you purchased and facilitated the purchase of adulterants, arranged for the collection and movement of sums of money, and arranged for vehicles used in transportation of cocaine, adulterants and money to be available.
During the period in the libel you had access to vehicles belonging to the haulage company you worked for. So, you were able to use these vehicles and drivers to facilitate your activities. There are six kilograms the sale of which is established; I can infer from the narrative that there were other sales, in particular from the exchange of messages about you selling 15 kilograms in a few days and wishing that you had 50 kg to sell.
Your involvement endured for a period of 3 months, so was not some fleeting or peripheral involvement but a more sustained role involving a number of transactions, each involving significant quantities of drugs at wholesale levels and the adulterants involved for the onward supply, as well as the facilitating of the movement of money associated. So you were an active and proactive participant in this criminal enterprise.
I have read the references; it is clear that you are able to be an encouraging and supportive presence for your sister and her children, and to Mr Macrae. And you have made a very positive impression upon the firm with which you worked until your remand; these show your ability to contribute responsibly and purposefully to society, but instead for that three-month period you chose to indulge in criminality.
You have reached out to Upside. I recognise the genuine motivation to engage with support services.
I have read the justice social work report carefully; you accept making a financial gain; you describe yourself as a middleman. you deny certain aspects of the behaviour. You attribute your financial challenges to covid but as the reporter pointed out, you were in an industry which was needed at the time. You equivocated about the benefit you received; the agreed narrative reflects £3500 profit per kilogram. I proceed on that basis.
I also proceed on the basis that the motivation was finance for yourself and not as you hint at some attempt to keep the business existing (part 6 of the report). The financial picture remains to an extent incomplete, but I am satisfied that you did not succumb to this enterprise through vulnerability and desperation but from a chance to make what you saw as easy money.
The supply and use of cocaine is corrosive, exploitative and damaging to society and helps to fund serious and organised crime as well as cause death and disruption. You do not appear to appreciate this.
The report says and I quote “He demonstrated a lack of empathy and understanding of his involvement and potential catastrophic devasting actions on not one potential victim but on wider societal harms”.
Your counsel has rightly acknowledged the gravity of the charge and the inevitability of a custodial sentence.
You have pled guilty to a contravention of section 28(1) of the Criminal Justice and Licensing (Scotland) Act 2010, which carries a maximum sentence of 10 years imprisonment. While what you have pled guilty to is extremely serious, I recognise that there could be more serious examples of this charge, for example, extending over a period of years rather than months or involving roles higher up the chain of command.
But a significant sentence must be imposed. Had you been convicted after trial I would have imposed a sentence of five years and three months imprisonment. Given the timing of the plea I will modify that to a period of four years and three months to be served from the date of your remand on 17 November 2025.”
6 January 2026