HMA v Graeme Malcolm

At the High Court in Edinburgh today, 12 August, Lord Pentland sentenced Graeme Malcolm to five years imprisonment after the offender pled guilty to being concerned in the supply of cocaine.

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

Graeme Scott Malcolm, you have pled guilty to being concerned in the supplying of the Class A controlled drug cocaine on 3 May 2019. On that date, police officers recovered a quantity of powder in a bag from the footwell of the car you were driving in a public car park on the outskirts of Perth. You were alone in the vehicle. The powder was later analysed and found to contain over 26 grams of high-purity cocaine, a Class A drug. The potential value of the drugs, when adulterated, would be nearly £10,000. The Crown accepts that on this occasion you were acting as a drugs courier. It is said on your instructions that you had agreed to do this in return for receiving a small quantity of cocaine for your personal use.

It is of great concern that you committed this offence whilst you were on licence in the community, having been granted early release in August 2017 from the sentence of 8 years and 6 months imprisonment you were serving following your conviction in the High Court in May 2013 for being concerned in the supplying of cocaine. That offence arose out of your facilitating the supply of around 4 kilograms of cocaine.

The present offence constituted a gross breach of your licence conditions and of the trust placed in you. 

This Court has repeatedly made clear that anyone who agrees to play a part, for whatever reason, in the trafficking of Class A drugs must expect to be severely punished, particularly if they are repeat offenders like you. These drugs cause misery and despair to many in our communities. Persons who agree to act as couriers for consignments of Class A drugs are playing a significant part in that pernicious trade.

I have taken into account all that was said this morning on your behalf in mitigation.

In view of your directly analogous and recent conviction, had I been sentencing you after trial, I would have imposed a sentence of 7 years and 6 months imprisonment. To take account of your early plea of guilty, I will reduce that to a term of 5 years imprisonment.

That sentence will commence on the expiry of the order I propose to make under section 16 of the Prisoners and Criminal Proceedings (Scotland) Act 1993. I shall order that in respect of the sentence to which you are currently subject you will be returned to prison for a period of 2 years with effect from today’s date.”