HMA v Kyle Stewart and Lewis Leah

At the High Court in Glasgow today, 16 April 2019, Lord Arthurson sentenced Kyle Stewart to six years’ imprisonment and Lewis Leah to three-and-a-half years after the two accused pled guilty to being concerned in the supply of cocaine and heroin.

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

“Kyle Stewart and Lewis Leah, on 18 March 2019 at Glasgow High Court on the first day of a floating trial diet you each tendered pleas of guilty to two separate charges of being concerned in the supply of controlled class A drugs, namely cocaine and diamorphine, in December 2017.

“Mr Stewart, your involvement in these offences was for a period of one week and encompassed all three of the addresses libelled in this indictment. Mr Leah, your involvement was for a period of a single day and encompassed only one address, namely that at Mearns Road, Motherwell.

“Pleas in these terms were first offered on your behalf Mr Stewart at the preliminary hearing and on your behalf Mr Leah some two weeks prior to the trial diet.

“In summary, on the basis of the agreed narrative the maximum potential realisable value of the controlled drugs recovered from the various addresses libelled can be broken down as follows: at Mearns Road, Motherwell, £1,450 of diamorphine and £20,700 of cocaine; at Cardross Street, Glasgow, £29,020 of diamorphine and £3,300 of cocaine; and, at Belvidere Avenue, Glasgow, £26,110 of diamorphine and £266,700 of cocaine.

“Taking these together, the drugs recovered disclosed accordingly maximum potential realisable values of £56,580 of diamorphine and £290,700 of cocaine.

“Each of you has a criminal record: yours, Mr Stewart, comprising four groups of previous convictions, all at summary level; and yours, Mr Leah, comprising two prior convictions, one at summary level and the other on indictment in 2010 for a serious offence of instrumental violence which attracted a sentence of four years and six months detention. Your record Mr Stewart discloses that you were subject at the time of these new offences to a community payback order imposed in 2016.

“You Mr Stewart have been assessed as presenting a medium risk of further offending and you Mr Leah have been assessed as presenting a low risk thereof. In your case Mr Stewart I am satisfied that a considerable degree of planning was involved in your offending, and this is borne out by the terms of the background report which has been made available for today’s sentencing hearing.

“I have listened with great care to the submissions advanced on behalf of each of you this morning in mitigation by your respective counsel, and take fully into account in particular what has been said in respect of your personal, family and employment backgrounds.

“You will both appreciate nonetheless that the gravity of the offences before the court today plainly requires the imposition of substantial custodial disposals, as you and others must, as well as being punished, be made to realise that the court on behalf of society will simply not tolerate offending of this nature.

“I now sentence each of you on this indictment as follows. Kyle Stewart, on charges one and two, on an in cumulo basis, you will serve a sentence of imprisonment of six years, discounted from eight years due to history of the timing of your pleas in this case.

“Lewis Leah, you will on the same basis serve a sentence of imprisonment of three years and six months, discounted from four years due to the timing of your own pleas.

“These sentences will be backdated to 18 March 2019, being the date upon which you were initially remanded by the court in respect of this indictment.”