HMA v Daniel Lindsay and Darren Mulheron

At the High Court in Livingston on 9 April, 2019, Lord Boyd of Duncansby sentenced Daniel Lindsay and Darren Mulheron each to 7 years’ imprisonment after the offenders pleaded guilty to being involved in serious organised crime relating to drugs and guns.

On sentencing, Lord Boyd made the following statement in court: 

“For a period of over 3 months last year you were both involved in a criminal enterprise. You agreed with others to engage in the commission of serious and organised crime. This operation centres on the importation of vast quantities of controlled drugs. The organised crime group in which you participated is a wholesaler to other organised crime groups. I am told that this group is at the top of the chain of drugs transactions in Scotland and the United Kingdom as a whole.

As a result of police investigation a sum of money totalling in excess of £600,000 was recovered along with 35 kilogrammes of diamorphine linked to you Daniel Lindsay, and 9 kilogrammes of cocaine linked to you Darren Mulheron. The street value of the diamorphine is over £1.8m and that of the cocaine is between £900,000 and £1.6 m. Also recovered were 5 Glock handguns with ammunition.

Serious and organised crime is a threat to our society. It targets the most vulnerable with drugs. It uses violence, sometimes extreme violence to further its aims. It challenges the rule of law and undermines our communities. Those who participate in such activity can expect that the sentences imposed by the court will act as a deterrent to others who might be tempted to become involved.

I accept that the principal people involved in this business are not before the court and that you were lower down in the hierarchy; you are both described as high level couriers. I also accept that once you became involved, distancing yourselves from the organised crime group would not be easy. Nevertheless without people like you such groups could not exist.

Daniel Lindsay

I have listened carefully to what has been said on your behalf. The description of you as a petty criminal is perhaps accurate. I note what has been said as to how you became involved and your lack of a lavish lifestyle. I note the criminal justice social work reports that despite the terms of the plea and the forensic evidence you deny any involvement in the drugs or handguns. While it may be that you were first employed to count money it is obvious that your involvement was a lot more than that.

In determining the sentence I am constrained by the statutory maximum which applies to an offence under section 28(1) of the Criminal Justice and Licensing (Scotland) Act 2010 which is 10 years imprisonment. While I accept that your role as couriers is not at the top of the organised crime group I nevertheless I have to take into account the value of the drugs involved, the firearms recovered and the large quantity of money.

Had you been convicted after trial I would have imposed a sentence of 9 years imprisonment. Given the plea I shall discount that to one of 7 years imprisonment. The sentence is backdated to 8 June 2018 when you first appeared on petition.

Darren Mulheron

You are a younger man who has a shorter, minor record. You have a good work record. I accept that like Mr Lindsay you were not leading a lavish lifestyle. Nevertheless you were both involved together in the same offence for the same length of time. While there is a difference between you in terms of the drugs with which you were each involved with, given the potential street value of each of them, I see little to distinguish you in terms of criminality and I see no reason to distinguish between you in terms of sentence.

I am again constrained in the sentence I can pass. You will go to prison for a period of 7 years, discounted from 9 years for the plea. The sentence is backdated to 8 June 2018.”

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