RMcGinty v. Her Majesty's Advocate

[1 ] On 12 June 1997 the appellant was convicted at Glasgow High Court of contraventions of (1) section 4(3 )( b) of the Misuse of Drugs Act 1971 and (2) section 5(2) of the Act. Charge (1) as amended was that between 15 August 1995 and 27 September 1995 at a house at 62 Glenacre Drive , Glasgow , he and Yvonne Ellen Sloan were concerned in the supplying of a controlled drug, namely cannabis resin to another or others in contravention of section 4(1) of the Act.

[2 ] On 27 September 1995 Strathclyde Police Drugs Squad executed a search warrant at the locus libelled. In a bedroom occupied by the appellant they found various quantities of bank notes in bundles in plastic shopping bags and in a shoe box. The total sum recovered was �75,245.05. Nearly all of the notes were in denominations of �10 and �20. The appellant was unemployed at the time. The police also recovered three pieces of paper containing names and figures and an electronic note counter.

[4 ] DC Ian Bell of the Drug Squad said that the three pieces of paper were tick lists and that they recorded the supply between 15 and 30 August 1995 of 923/4 kgs of cannabis resin, the supply continuing thereafter on various dates up to the date of the search. He suggested that the list recorded the receipt of substantial sums during that period. The notations on these lists included the word "bar," which in his experience referred to cannabis resin.

[7 ] An appeal in this case was refused in 1999 ( McGinty v HMA , 2000 SCCR 293). We need not go into the reasons. It is sufficient to say that the question of Dr Sleeman's report was raised by the appellant at that stage.