HMA v GERALD CHRISTOPHER ROWATT

At the High Court in Glasgow Lord Doherty sentenced Gerald Rowatt to 3 years and 6 months imprisonment after he pled guilty to being concerned in the supply of diamorphine in Glasgow on 10 June 2013.

On sentencing Lord Doherty made the following statement in court:

“You have been convicted of being concerned in the supplying of diamorphine, a class A drug, on 10 June 2013. Your role was as a courier. The maximum street value of the drugs recovered from you was £3,905.

You have a very bad record. At the time of these offences you were on licence. Your three most recent convictions have been at High Court level. On 5 April 2004 you were convicted at Glasgow High Court of assault and robbery, abduction and assault to severe injury and permanent disfigurement. You were sentenced to 6 years imprisonment for those offences. On 2 June 2005 you were convicted at the same court of culpable homicide and were sentenced to 9 years imprisonment. On 7 December 2007 at the same court you were convicted of being concerned in the supplying of a class A drug and were sentenced to 3 years 7 months imprisonment. You have two further previous convictions at summary level for drug trafficking offences. On 7 March 1997 you were convicted at Glasgow Sheriff Court of a contravention of s. 5(3) of the Misuse of Drugs Act 1971 for which you were sentenced to 9 months imprisonment. On 10 January 2000 at the same court you were convicted of a contravention of s. 4(3)(b) of the same Act, for which you were admonished. Both these summary convictions involved class C drugs.

I have listened to all that has been said on your behalf. I take account of your early admission of guilt and your early plea. Although your plea was not tendered and accepted until the preliminary hearing, you had offered to plead guilty to a contravention of s. 5(3) – the charge narrated in the petition – in respect of these same matters. I approach your case, exceptionally, as if it had been tendered and accepted at that stage. I give you full credit for the utilitarian benefits of the plea. On the other hand, I bear in mind that this was a case where all the witnesses were police or experts, and while they would have been inconvenienced by a trial this is not a case where witnesses were spared the ordeal of giving evidence 

You were on licence at the time of the offence. You were recalled to serve the unexpired portion of a previous sentence on 23 July 2013. Your sentence expiry date is 6 July 2017. In the normal course I would have made an order in terms of s. 16 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 for your return to prison for 43 days (being the period between the date of commission of your offence and the date of your recall). Because you were on remand in respect of the present charges between 20 June 2013 and 23 July 2013 I will make no s.16 order, but I will not give you any further credit for that period of remand when I come to pass sentence on charge 2.

My starting point for charge 2, having regard to your record and the whole circumstances of the case, is 5 years imprisonment. In view of your early plea the sentence which I impose is 3 years 6 months imprisonment. That sentence will be consecutive to the sentence currently being served.”