HMA v STEPHEN DAYE

At the High Court in Edinburgh Lord Doherty sentenced Stephen Daye to 3 years 4 months imprisonment after he pled guilty to being concerned in the supplying of cocaine in Hamilton on 23 March 2013.

On sentencing Lord Doherty made the following statement in court.

14 March 2014

“Stephen Daye, you have pled guilty to being concerned in the supplying of a class A drug, cocaine. At the time the police came upon the scene you were handling drugs in a lock up garage. The maximum street value of the drugs there was just over £169,000. I approach sentencing on the basis that your role was not that of a principal but that of a courier/custodier.

I have regard to what has been said on your behalf. In particular I take account of your good record until the commission of this offence. I also give you credit for pleading guilty.

However, you have committed a very serious offence involving a class A drug, and the drugs operation with which you were concerned was a substantial one. Only a significant custodial sentence would serve to mark the gravity of the crime.

Had you not pled guilty the sentence I would have imposed would have been 4 years imprisonment. In taking account of the utilitarian benefits of the plea I have regard to the fact that the plea was tendered at a second preliminary hearing, and that it was tendered following an unsuccessful attempt, at an evidential hearing, to establish that the search of the garage had been unlawful.

The sentence which I impose is 3 years 4 months imprisonment. That sentence will be backdated to 17 February 2014.”

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