An Elgin mum has avoided a fine for drug possession after a sheriff decided that to do so would punish her children.
Jessica Gunn, 25, appeared in the town’s sheriff court charged with possession of cannabis to a street value of around £270.
Fiscal depute Karen Poke told the court that Gunn had been pulled over by traffic police on the A96 by Fochabers on January 20 2023.
They noticed a strong smell of cannabis coming from the car and found a bag containing 26g of cannabis after searching the vehicle.
Elgin mum refused to give blood sample
Gunn was taken to Elgin police station but refused to give a sample of blood stating: “I don’t like needles … I’m not doing that”.
Her defence counsel, Grant Daglish explained that Ms Gunn, a mum-of-three, was unemployed and in receipt of £600 in benefits per month, adding that her daily cannabis habit was around 7g.
He said she had offered to get a blood sample taken by her own doctor because “she would have felt more comfortable” – but her request was refused.
Mr Daglish offered a possible fine repayment at £40 per month, but Sheriff Gordon Fleetwood interjected.
Sheriff queried how much her daily habit was costing
Sheriff Fleetwood queried how much her daily habit was costing, given the value of the cannabis found and said: “Is that a £50-a-day habit – given she is smoking 7g a day?”
Mr Daglish replied that it was “at that time” but added that she was now working to “ween herself off”.
Sheriff Fleetwood said he would not impose a fine as it would only be “punishing your children”.
He said: “You are unemployed and particularly as you are seeking support, I am not sure that a better alternative would be unpaid work.
“In light of your efforts and the steps you are taking to reduce your habit, I am not disposed to impose a fine as your children would lose out.”
He deferred sentencing for background reports and Gunn, of Meadow Cresscent, Elgin, is set to appear again on October 26, 2023.
