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This is an appeal by stated case taken by Ross McIntosh in respect of a conviction of being in possession of eleven Ecstasy tablets at club premises with intent to supply them to others. The Sheriff, after trial and conviction, on 28 October 1997 sentenced the appellant to twelve months detention.
The appeal covers both conviction and sentence. So far as conviction is concerned, the question relates to the way in which possession of the tablets was obtained. The appellant had been in the toilets at a club. Taking matters shortly, he was seen by a doorman, McAuley, at the club to have tablets and thereafter the tablets were handed over by the appellant to that doorman. The question on conviction turns upon the circumstances in which the tablets were handed over.
The position appears to us to be the same in this case. There was no search and therefore no question of lawfulness of search arises.
The appellant in this case, although suspected by the witness McAuley, was not at that stage suspected by the police and we do not think that any close analogy can be drawn between the requirements for the police and any demand by a lay person that something be handed over.
In any event, this is not how the matter was presented to the Sheriff. It is not how the matter is presented in the stated case and we are not prepared to uphold the appeal on that ground.
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