HMA v Daniel Ian David Lewis and James Griffiths

At the High Court in Edinburgh today, 29 May 2018, Lord Ericht sentenced Daniel Lewis and James Griffiths to periods of imprisonment after the two accused pled guilty to reset of a car and charges of being involved in the supply of heroin and cocaine. On sentencing, Lord Ericht made the following statement in court:

“Daniel Lewis, you have pled guilty to four charges. Although the pleas had been offered prior to the preliminary hearing they were not accepted by the Crown until shortly before trial. 

“I have given careful consideration to what has been said on your behalf and to the Criminal Justice Social Work Report and to your record. 

“On charge 5, you drove a stolen car on roads in Aberdeenshire and you have pled guilty to reset of that car. Had you not pled guilty at an early stage I would have sentenced you to a period of imprisonment of six months, of which three months would have been attributable to breach of bail. 

“However, in light of your early plea of guilty I will sentence you to a period of imprisonment of four months, of which one month is attributable to breach of bail.  The sentence will be concurrent with the sentence I am about to impose on charge 6 and will be backdated to 20 October 2017. 

“Charge 6 is a charge of dangerous driving under section 2 of the Road Traffic Act 1988.  You engaged in a high speed police chase at up to 90 miles per hour ending only when your car was struck to the rear by a police vehicle in a field. You have a prior conviction for breach of section 2. 

“Had you not pled guilty at an early stage I would have sentenced you to a period of imprisonment of one year and three months, of which three months would have been attributable to breach of bail. 

“However, in the light of your early plea of guilty I will sentence you to a period of imprisonment of 10 months of which two months are attributable to breach of bail. The sentence will be concurrent with the sentence I have just imposed on charge 5 and will be backdated to 20 October 2017. I shall disqualify you from driving for a period of five years and require you to sit the extended driving test. 

“Charge 7 and 8 are charges of being involved in the supply of class A drugs. They both form part of the same event so I will impose a cumulo sentence. 

“The total value of the diamorphine recovered has been estimated at between £35,460 and £36,660. The total value of the cocaine recovered has been estimated at between £2910 and £3,370. These are significant quantities.  

“You do not have previous analogous convictions. I see from the report that you took part in these activities in order to pay off a drug debt. I take all of that into account.  

“Had you not pled guilty at an early stage I would have sentenced you to a period of imprisonment of four years and six months, of which six months would have been attributable to breach of bail. 

“However, in the light of your early plea of guilty I will sentence you to a period of imprisonment of three years, of which four months is attributable to breach of bail. 

“The sentence on charges 7 and 8 will be consecutive to and served after the sentences I have just imposed on charges 5 and 6. 

“James Griffiths, you have pled guilty to three charges. Although the pleas had been offered prior to the preliminary hearing they were not accepted by the Crown until shortly before trial. 

“I have given careful consideration to what has been said on your behalf and to the criminal justice social work report and to your record. 

“On charge 3, you refuelled and drove a stolen car and have pled guilty to reset of that car. Had you not pled guilty at an early stage I would have sentenced you to a period of imprisonment of three months. 

“However, in the light of your early plea of guilty I will sentence you to a period of imprisonment of two months. The sentence will be served before the sentence I am about to impose on charge 7 and 8 and will be backdated to 13 November 2017. 

“Charge 7 and 8 are charges of being involved in the supply of class A drugs. They both form part of the same event so I will impose a cumulo sentence. 

“The total value of the diamorphine recovered has been estimated at between £35,460 and £36,660. The total value of the cocaine recovered has been estimated at between £2910 and £3,370. 

“These are significant quantities. You do not have previous analogous convictions. 

“I see from the report that you took part in these activities in order to pay off a drug debt. I take all of that into account.  

“Had you not pled guilty at an early stage I would have sentenced you to a period of imprisonment of four years. However, in light of your early plea of guilty I will sentence you to a period of imprisonment of 32 months. 

“The sentence on charges 7 and 8 will be consecutive to and served after the sentence I have just imposed on charge 3.”