HMA v DANIEL GARY McDADE

At the High Court in Edinburgh Lord Pentland sentenced Daniel McDade to 3 years and four months in prison after he pled guilty to supplying a class B drug.

On sentencing Lord Pentland made the following statement in court:

“Daniel Gary McDade, you have pled guilty to a serious charge of being concerned in the supplying of a substantial and valuable quantity of the class B controlled drug cannabis resin in October 2012.  The agreed narrative explains that the potential street value of the drugs involved was in the region of £98,000.  I note also that you were the person responsible for taking a short-term lease of the premises which were used for the drug supplying operation.  It is clear that the present offence entailed a significant measure of planning and preparation on your part. 

The courts have repeatedly made clear that anyone who chooses to become involved in the supplying of valuable amounts of controlled drugs, for whatever reason and in whatever capacity, must expect to receive a substantial custodial sentence when brought to justice.  The court’s sentencing policy must reflect, amongst other things, the widespread harm that controlled drugs cause to so many people.

I take account of all that has been said on your behalf, of the reference tendered and of the contents of the criminal justice social work report. 

You have a record of persistent offending dating back to 2002.  This includes a number of convictions under the Misuse of Drugs Act, although I acknowledge that these were for simple possession of various controlled drugs.  I note also that you have previously served a number of terms of imprisonment and that community-based disposals have also been attempted.  Despite this, you have continued to offend and the present offence represents a serious escalation in the gravity of your pattern of offending.

In the circumstances, had you not offered to plead guilty to the present offence at an early stage, I would have imposed a term of 5 years imprisonment.  In fixing that notional period, I have taken into account the time you spent in custody between 31 October 2012 and 28 May 2013.  Then I require to give you credit for your early plea, which was offered at the time of the first preliminary hearing on the previous indictment.  I shall discount the term of 5 years to one of 3 years and 4 months to reflect that.  The sentence will be backdated to 22 January 2014 when your plea was ultimately accepted by the Crown and you were again remanded in custody”.