HMA v GARRY DAVIDSON

At the High Court in Aberdeen on 16 December 2014, Lady Wolffe sentenced Garry Davidson to three years and eight months imprisonment after the accused pled guilty to being concerned in the supply of cocaine.

On sentencing, Lady Wolffe made the following statement in court: 

“Garry Davidson, you have pled guilty to a charge of being concerned in the supply of cocaine, a class A drug, contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. 

You were observed to be meeting with your co-accused on 9th January 2014. You each arrived in your own vehicles. After surveillance was undertaken, you were stopped. The police recovered seven parcels from your own car. These were subsequently tested and found each to be about 500 grams in weight and to comprise a cocaine/benzocaine mix with purity levels between five and six per cent. Together these 3.5 kilos of class A drugs could be bought for a total of about £70,000 to £105,000. They had a maximum potential street value of between about £200,000 and £250,000. You accept that you were fully aware of the illicit contents of these packages. I note that your co-accused had a far lesser quantity in his possession, namely of one parcel only in similar size to the seven found in your possession. 

I have had regard to the Criminal Justice Social Work Report. It assesses you as a medium risk of further offending. But you appear to accept responsibility for your involvement in the matter to which you have pled guilty. 

In relation to your personal circumstances, in so far as these relate to possible disposals, I note that you have recently been sentenced on another matter to a term of imprisonment of 22 months. That effectively precludes any disposal other than a custodial one. 

I have had regard to your record of previous convictions. This discloses some 27 or so previous convictions in the last eight years for a wide range of criminal conduct, including road traffic offences, crimes of violence or threats of violence and dishonesty. You have one analogous previous conviction under the Misuse of Drugs Act. This is a very serious record to find on a young man who is only 25. 

I have also had regard to all that has been said on your behalf in mitigation. It is said that your involvement reflects the lowest level of criminality for this type of offence; you have pled guilty at an early stage and you have a new-found resolve to desist from your offending behaviour. I take into account the acceptance by you of your responsibility in respect of the charge. 

The abuse of drugs is a modern scourge on society. The disapproval and discouragement of this harmful trade must extend to all aspects of its supply and those who facilitate it. 

Given the seriousness of the matter to which you have pled, the quantity of drugs found to be in your possession, and your previous convictions, I find that a custodial sentence is necessary. 

I cannot but note that the CJSW Report notes that you had a good family upbringing. You left school with eight Standard grades and you commenced, although you did not finish, a number of technical apprenticeships. This suggests you are a person of some intelligence and practical ability. I accept that you wish to desist from further criminality. While in prison you should take advantage of any programmes available to better equip yourself for a more productive law-abiding life when you are eventually released. 

The sentence I impose is one of five-and-a-half years. In the light of the plea tendered, I shall reduce this to 44 months. The sentence I impose is to run concurrently to the sentence you are presently serving and so will commence from today’s date.”