A dealer who flung Class A drugs out a living room window during a police raid has been spared jail but told the alternative he’s been given is “not the easy option”.
Stuart Mitchell has been ordered to carry out an 18-month drug treatment and testing order and was warned if he doesn’t take this seriously he’ll be back behind bars.
Aberdeen Sheriff Court previously heard how Mitchell panicked when police raided his female friend’s Peterhead home to execute an early-morning drugs search warrant and threw cocaine and heroin worth around £5,000 into the back garden.
Fiscal depute Lynne MacVicar previously told Aberdeen Sheriff Court that officers raided the semi-detached home, belonging to Mitchell’s former co-accused, at 7am on November 2 last year.
Flung cocaine and heroin out window
“The accused was found within the living room and was seen throwing items into the rear garden from the living room window,” she said.
“He was detained and during a search of his person two small white rocks were found within his left trouser pocket.
“Within the back garden, officers searched beneath the window and recovered a wrap containing brown powder, four bags of brown powder and 26 wraps of white substance.”
A search also uncovered various wraps containing both brown and white powder, £476 in cash, two mobile phones, tin foil, scales and a roll of bags.
‘He has never been given a chance’
The cocaine had a potential street value of £1,480 while the heroin could have fetched £3,020.
Mitchell, 40, admitted two charges of being concerned in the supply of Class A drugs between October 30 and November 2 last year.
The court previously heard that Mitchell had a significant record but had “tightened up his act” since his last prison term. But the true test would be “whether he can maintain it”.
Defence agent Marianne Milligan confirmed her client had been assessed and deemed suitable for a drug treatment and testing order.
“This would be an opportunity for him to hopefully get his life sorted out,” she said. “He has never been given a chance to address his options.
“You will see he accepts full responsibility. He is 40 now and has had time to reflect on what has been happening while he was in custody.”
‘This is not an easy option’
Sheriff Morag McLaughlin told Mitchell: “I think you know how lucky you are to get a disposal like this. But it’s not an easy option. You need to always be in touch and always be open and honest with what is going on in your life and with your illicit drug use.
“Failure to comply will mean a custodial sentence is an alternative.”
Mitchell, of Crossfold Crescent, Peterhead, was handed an 18-month drug treatment and testing order and must hand in four samples each month.
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