Graham Curran was found guilty of trafficking 2.4 million pounds worth of cocaine. The offence was aggravated by a link to serious organised crime. Curran was sentenced to carry out 225 hours of unpaid work. However, the Crown challenged the sentence, and the appeal court quashed it and imposed a 3 year custodial sentence.
Lady Dorrian stated that Curran would have faced a ‘significantly longer’ custodial sentence but for an issue of comparative justice that arose in an associated case. It was considered by the appeal court that the original sentence was ‘inexplicable’.
The Advocate Depute told the appeal court that the case was ‘well beyond the custody threshold’ and that it was ‘not a case in which a community-based disposal was appropriate’.
The Crown invited the court to conclude that the sentence was unduly lenient. Solicitor Advocate Ian Paterson, representing Curran asked the appeal court to refuse the Crown challenge and stated that the sentencing judge had followed the process and outlined the reasons for the disposals.
However, the appeal court did not accept this and imposed a sentence of three years imprisonment.