THOMAS, Re APPEAL AGAINST CONVICTION AND SENTENCE v HER MAJESTY'S ADVOCATE

[1] On 27 August 2013, at the Sheriff Court in Peterhead, the appellant was convicted of being concerned in the supply of heroin (charge 1) and cocaine (charge 2) on 17 January 2011 at an address in Urquhart Road and in a guest house in King Street, both Aberdeen, contrary to section 4(3)(b) of the Misuse of Drugs Act 1971. The sheriff sentenced her to a total period of 3½ years imprisonment.

[2] The appellant was initially indicted with a female co-accused, TB, on both charges, but she failed to appear at a first diet on 6 September 2011; an offence to which she pled guilty and was admonished (presumably because of the period on remand). TB went to trial in July 2012 and was convicted. She was a first offender and was made the subject of a Community Payback Order with a supervision requirement of 2 years. Her conviction was a matter of admission in a joint minute lodged during the Crown case at the appellant’s trial.

[5] At about 5.40pm, the police carried out a search of room 5 of the guest house and recovered a shoulder bag containing some 22 packets of heroin and 74 packets of cocaine. The totality of the drugs recovered in both properties was valued at £4,580. The owner of the guest house testified that she had let room 5 to two young females, and had given them one set of keys.

[9] This second proposition was not one which had been raised with the sheriff at the stage of the no case to answer submission. The court allowing the amendment did not consider it prudent to obtain the sheriff’s comments on the matter. However, although the court does not have the sheriff’s comments, it would appear that the conviction was introduced into the evidence in order that the appellant’s incrimination of the co-accused might be bolstered by its existence. The co-accused was not called to give evidence.