SENTENCING STATEMENTS
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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.
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Read more about victims of crime and sentencing.
HMA v John Gray
Jul 31, 2026
Upon sentencing, Lord Cubie made the following remarks:
"You have pled guilty to a charge under s28 of the 2010 act. This means you accept being involved in serious and organised crime, and you did so by using encrypted messages to arrange for the provision of a variety of controlled drugs over a 5 year period
"The narrative paints a very clear picture of a significant, sustained and persistent involvement in the supply, storage, adulteration and financing of three different controlled drugs over a significant period of time turning over huge sums of money
"The purchase, adulteration and sale of controlled drugs perpetuates a criminal trade which gives rise to misery, dependency, poverty, theft, violence and death. Drugs are corrosive and destructive. And your actions helped to fund serious and organised crime.
"The increased availability and affordability of cocaine in particular has changed the dynamic of public disorder – leading to aggressive erratic volatility; It is a dangerous drug. And you accept, from the narrative, that you were what the police describe as a top tier operator. The application for a SCPO rightly describes your role as 'integral'.
"Your motivation appears to have been purely for personal financial gain. You were not driven to this by any dependency issues or pressure – you just sought easy profits by exploiting the weakness and misery of others.
"I have read with care the reports and the three references; you are to be commended for the candour with which you discuss and face up to the offence committed. You are refreshingly blunt about your motivation; you recognise the destructive effects of drugs on society; you ultimately could not continue with the disruptive effects such offending had on your own life and relationships, and gave yourself up.
"I read that you missed your own mother’s funeral for a variety of reason, but these of course at their root had your decision to leave Scotland and follow a lifestyle that would hamper your own ability to travel as you wished. That was a direct consequence your choice to be involved in this offending.
"Your record includes a high court conviction but I recognise that the more serious offending ceased over twenty years ago, albeit you became involved in this offence from 2015.
"The references demonstrate both a genuine and meaningful commitment and a clear motivation made in custody to be rehabilitated, to encourage others and to give something back. Again you are to be commended for such efforts. These matters will be taken into account.
"Mr McConachie on your behalf submitted that the offence was not at the top end of offences under this statute; there was no violence or firearm involvement for example. He submitted that the material showed that you gave yourself up when you realised you were being sought in Scotland; you were determined to give up the criminal lifestyle and were determined to make provision for you family from legitimate sources when released. You had pled guilty very quickly after first appearing in court.
"I recognise that the plea was tendered very quickly and is of significant utility.
"I take into account the relevant sentencing guidelines in imposing this sentence. Culpability and harm are both high.
"My ability to impose an appropriate sentence is affected by the terms of the plea accepted. 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.
"You will receive credit for your plea; which was tendered very quickly; there is a clear utilitarian value in tendering a plea, I also take into account the various factors in your favour in the report and the references. But what you have pled guilty to is extremely serious; extending over a period of years and at a high level. A headline sentence near the maximum is appropriate.
"I would have imposed a headline sentence of eight years and nine months; that will be modified to five years and ten months to reflect the plea and will be backdated to 9 March 2026 when you were first remanded into custody.
"I will grant the serious crime prevention order sought which will run for a period of three years from the date of your release from prison as defined in the order."
31 July 2026