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Man planning to sell drugs at Highland rave has sentence cut

Inverness Sheriff Court
Inverness Sheriff Court

A man who planned to sell drugs at a Highland rave has had his jail sentence cut on appeal.

Andrew Fisher, 28, of Ullapool, was jailed for three years in November last year after being caught with more than 100 ecstasy tablets at The Exchange bar in Academy Street.

He admitted a charge of possession with intent to supply at Inverness Sheriff Court.

But he later lodged an appeal against the sentence.

In her newly published decision, Lady Paton said that while she agreed with the original sheriff’s approach to the case, she thought that more weight should have been given to the mitigating factors.

At the time of the sheriff court case, Fisher’s lawyer said that his client was coming off heroin at the time and was not earning enough to fund his habit.

Lady Paton said: “The appellant’s arrest resulted in his coming off heroin, without any assistance, and also finding steady employment.

“He has no material previous convictions, and has never before served a custodial sentence. We are advised today that he has thought carefully over what has occurred, and has resolved never to become involved in illegal drugs again.

“While we agree wholeheartedly with the sheriff’s approach to the question of supplying class A drugs, we consider that, in the particular circumstances of this case, more weight should have been given to the mitigating factors. Accordingly, in our view, the starting point selected should have been two and a half years. Applying the discount of 25%, the sentence would be one year, 10 months.”