Man jailed for buying teens drink
A Stirling sheriff has accused MSPs of inconsistency over moves to limit the use of short sentences in Scotland while approving the use of short jail terms for those supplying drink to children.
Sheriff Wyllie Robertson spoke out over “a lack of joined up thinking” before jailing a 49-year-old St Ninians man for three months for buying alcohol for two teenage girls.
Alan McCulloch, a casual labourer, was phoned by the 15-yearolds who asked him to buy drink on their behalf from a shop in Whins of Milton.
Instead of refusing, he told the girls: “I’ll be there in five minutes.”
He met them round the corner from the shop where they gave him money and he went in and bought them a bottle of MD 20/20 fortified wine and cans of Dragon Soop.
Outside the shop he handed over the drink, and their change, before leaving them to go and consume the alcohol by the banks of the Bannock Burn.
One of the girls told Stirling Sheriff Court she could “barely walk” because of the effects – and when she got home she was questioned by her mother about who bought her the drink, and she named McCulloch.
The offence happened at USave on Glasgow Road on September 8 last year.
McCulloch, of William Booth Place, was found guilty after a short summary trial.
He had denied the offence, telling depute fiscal Lindsey Brooks that he was going through a “bad patch” and frequently binge drinking, but said: “I wouldn’t have done that.”
The court heard that he had a previous conviction for committing the same offence last year.
Imposing the jail term, Sheriff Robertson said that at the same time the Scottish Government was consulting on an extension of the “presumption” against short sentences, an amendment to Scottish licensing laws specified a maximum sentence of three months for this crime. This amendment came in to effect on May 15 last year.
Sheriff Robertson said that this was “strange”.
The amendment also allows for the imposition of a fine up to £5000.
But imposing the jail term, Sheriff Robertson said a community-based disposal had been tried when McCulloch had been convicted of the same offence last year.
He told the accused: “It’s a serious matter, buying drink for children. You have a previous conviction for doing the same last year. The only appropriate disposal is a custodial one.”
The presumption against sentences of three months or less was introduced by The Criminal Justice and Licensing (Scotland) Act 2010.
The act requires a court to only pass a sentence of three months or less if no other appropriate disposal is available and to record the reasons for this view.
Last year the Scottish Government announced plans for a presumption against prison sentences for periods of less than 12-months.
As part of her Programme for Government, First Minister Nicola Sturgeon said she wanted to introduce a presumption against such punishments, instead giving criminals fines or a community sentence.
Shadow justice secretary, the Conservatives’ Liam Kerr, said the move would “compound the soft-touch approach”.
He said: “Scotland’s justice system cannot perform the key functions of keeping the public safe, punishing and deterring crimes under these shambolic plans.”