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Respondents: Scott; J. Friel: Prais, Q.C.; Murray Hamilton & Chalmers: P. Wheatley solicitor advocate; Franchi Finnieston
The police officers found the rucksack in the boot of his car and, when they opened it, they found that it contained wrapped packages. The packages were examined by forensic scientists who reported that each of the ten packages weighed about half a kilogram and contained heroin, much of it of high purity. The street value of the heroin was assessed at over �663,330 on the basis of there being 5 Kg. of heroin made up of 10 packages each containing 500 gm. The street value was the total amount which this quantity of heroin could be expected to fetch when cut and made up into �10 deals.
It is convenient to set out the circumstances of the individual respondents and to notice how the Trial Judge describes his approach to sentence in each case.
We should add that, although it would have been open to the Crown to apply to the court to direct that the probation order and the community service order should be suspended pending the determination of the appeal (Section 121A(1)), no such application was in fact made. The Lord Advocate informed us that the matter had simply not been considered. The result was that, by the time of the hearing of the appeal, Mrs. Callaghan had successfully completed the 100 hours of community service.
We turn now to deal with each of the appeals starting with the appeal against the sentence of six years imposed on Carnall.
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