In March 2023, the applicant pled guilty to two charges of concern in the supply of class A drugs. The court imposed a cumulo sentence of six years and three months’ imprisonment.

The commission has referred the applicant’s sentence to the High Court. It appears to the commission that the sentencing judge misapplied English and Welsh sentencing guidelines applicable to misuse of drugs charges. The commission considers that the sentence that the judge imposed was excessive. 

In accordance with the commission’s statutory obligations, a statement of reasons for its decision has been sent to the applicant, the High Court, the Lord Advocate and Crown Office.