HMA v GRAHAM MOONEY

At the High Court in Glasgow Lord Pentland sentenced Graham Mooney to four years imprisonment after he pled guilty in being concerned in the supplying of Class A drugs in Greenock on 30 October 2012.

13 September, 2013

On sentencing Lord Pentland made the following statement in court:

“Graham Mooney, you have pled guilty to two charges contained in an indictment served under section 76 of the Criminal Procedure (Scotland) Act 1995.  The offences involved your being concerned in the supplying of significant and valuable quantities of two Class A drugs – Diamorphine and Cocaine.   At two addresses (your home and that of a cousin) the police found quantities of these drugs with a total potential street value of nearly £73,000.  They also found measuring scales with traces of drugs on them as well as bags and a sack containing different cutting agents. There were packages and blocks of drugs buried in the garden of one of the properties. In the other property cash amounting to £2,870 was found.  You accepted that everything recovered was yours.  It is clear from all this that you were actively involved in a systematic process of breaking down and adulterating dangerous and illegal drugs for onward supply to others.

I note that you have a significant record of previous offending, although I accept not on the same level as the present offences. You have abused drugs for some time and have two convictions for unlawfully possessing controlled drugs.

I have taken account of the submissions in mitigation and of the contents of the criminal justice social work report.  I acknowledge that you accepted responsibility at an early stage and you have now expressed remorse. 

You claim that you had become involved in the supplying of these drugs in order to repay a drug debt and not for direct personal gain.  However that may be, the courts have repeatedly made clear that anyone who chooses to become involved in the supplying of controlled drugs in the way you did must expect to be severely punished when brought to justice.  You appear to have taken no account of the harm that the drugs you processed would cause to others. 

In the circumstances, had you not pled guilty I would have sentenced you to 6 years imprisonment.  I accept that your early plea had utilitarian value in that a full prosecution and trial were avoided and public expense was saved.  In the exercise of the discretion vested in me, I shall reduce the term of imprisonment to one of 4 years.

The sentence will be backdated to 7 August 2013.

I shall make a confiscation order in the agreed terms.”