Zhi Pen Lin v. Her Majesty's Advocate [2007] HCJAC 62

Criminal Note of Appeal Against Sentence:- At Forfar Sheriff Court the appellant pled guilty to a contravention of section 4(2)(a) of the Misuse of Drugs Act 1971, namely the production of cannabis between 10 February and 5 March 2007. Due to the plea being tendered at the first diet the appellant's sentence was discounted from 5 years' imprisonment to 3 years and 9 months. On leave to appeal being granted, this appeal was identified as a case in which it might be appropriate for the court to exercise its power, under section 118(7) of the Criminal Procedure (Scotland) Act 1995, to issue guidance on sentencing. In these circumstances intimation was given to the Crown that the court would welcome being addressed by it on the general issues arising. A court of three judges was convened. Here the court considered (1) the appropriate starting point for such "gardeners" involved in relatively large scale operations of the production of cannabis and (2) whether in the present case the starting off point of 5 years was excessive.