The Courier & Advertiser (Fife Edition)
‘Disgrace’ to cut man’s sentence says campaigner
Perth woman who objected to shops blasts justice system
A Perth woman who campaigned against “legal high” shops has described the reduction of a shopkeeper’s jail sentence as “a disgrace”.
Lorraine Greig, 61, who helps run Encouraging Positive Involvement Carers Support (EPICS), was reacting to the decision by the Court of Criminal Appeal to slash Paul Brocklehurst’s jail term from four and a half years yesterday.
Brocklehurst, 62, of Gwynedd, in Wales, was earning up to £2,500 a day supplying the psychoactive substances to customers as young as 13. Many customers needed hospital treatment, including two who were left in comas.
Brocklehurst was sentenced earlier this year at Dundee Sheriff Court after admitting culpable and reckless conduct through supply to the danger of health and life.
He committed the offence between July 2013 and July 2015 from the This N That shop, at County Place in Perth.
However, he challenged the sentence imposed on him as excessive and judges at the Court of Criminal Appeal in Edinburgh reduced his jail term to three years and nine months.
Ms Greig said she knew people who had bought “legal highs” at the Perth shop would feel let down by the justice system.
“This decision is a total disgrace,” she said. There was a lot of public protest against this shop and also the one in Arbroath.
“The shops were closed but the legal highs won’t go away – people just get them sent by mail.
“People I know who had dealings with Brocklehurst will have no faith in the justice system after hearing about this decision.”
Lord Menzies, who heard the appeal with Lord Turnbull, said the Psychoactive Substances Act 2016 did not cover the activities of Brocklehurst as it was not in force at the time of his offending.
He said: “We consider the sheriff was in error in having regard to the maximum penalty in the 2016 Act.”
Lord Menzies said they also considered that the sheriff had erred in making no distinction between Brocklehurst and his co-accused Liston Pacitti, who had a criminal record and operated from two shops.
The judge said they accepted that the sentence imposed on him was excessive but added that the charge was a serious one.
“He (Brocklehurst) knew that the substances were not fit for human consumption and knew they would cause danger if they were consumed,” he added.