HMA v GARRY MALCOLM MCDONALD

At the High Court in Glasgow Lord Bracadale sentenced Garry McDonald to 4 years and 6 months in prison after he pled guilty to supplying class A drugs.

On sentencing Lord Bracadale made the following statement in court:

“You have pled guilty to being concerned in supplying a range of controlled drugs over a period of between two and three months.  The drugs included heroin and cocaine, which are class A drugs,  as well as cannabis a class B drug.

I treat you as a first offender.  You have a good work record.    

You used your position as a prison officer to bring drugs and mobile phones into the prison at the request of a prisoner.  The misuse of drugs within prisons is an ongoing problem.  A prison officer who brings drugs into the prison commits a gross breach of trust and if caught must expect to serve a substantial prison sentence. 

Having regard to

  • the breach of trust;
  • the amount and range of controlled drugs involved; and
  • the period over which the offences were committed,

I consider that a custodial sentence is the only appropriate disposal.  Taking all the drugs charges 1 – 5 together, and leaving out of account the stage at which you pled guilty, the sentence would be 6 years imprisonment.  Because you pled guilty at the preliminary hearing I shall reduce that to 54 months.  That sentence will be backdated to 20 July 2012.

On charge 8 the sentence will be a discounted sentence of 1 year imprisonment and will be served concurrently with the sentence on charges 1 – 5”.