Feb 3 2012 by Stephen Robertson, Stirling Observer Friday
TWO drug dealing brothers from Fallin appeared at Stirling Sheriff Court for sentencing earlier this week.
Robert McLean (29) was jailed for eight months having previously pleaded guilty to being concernedin the supply of both cocaineand cannabis.
His younger brother, David (20), had earlier admitted to being concerned in the supply of cannabis only. He escaped a custodial sentence, however, and had a community payback order imposed instead.
The offences took place between May 18 and July 6 last year.
The court heard how police swooped after receiving information that Robert McLean was involved in the sale and supply of drugs from his home in the village’s Gracie Crescent.
The house was raided on July 6, police having obtained a warrant to search the property.
Fiscal depute Kevin Corrins said that officers found bags containing a quantity of white powder during that search. This was later tested and found to be 13.3g of the class A drug cocaine which, if subdivided, would have had a street value of £520.
The small amount of cannabis found had only “a nominal value”, the court heard.
Police also discovered mobile phones which contained text messages relating to the supply of drugs.
A “tick list” found in the house was also said to have had names and debts listed on it which amounted to more than £4000.
Solicitor Ken Dalling, for David McLean, said his client had only got involved in the matter out of loyalty to his brother.
Mr Dalling added: “He believed that he was helping his brother.
“His involvement was as a courier, in what I would class as a low level, or being a point of contact.”
For Robert McLean, solicitor Stephen Maguire said: “His role in this operation was greater than his brother’s.
“It was a very amateurish operation according to him.”
Sentencing, Sheriff William Gilchrist told David McLean: “Your position is significantly different from your brother. You appear before me as a first offender, nevertheless being concerned in the supply of a class B drug is serious.
“I accept that you were dragged into this by your brother and that your involvement was limited.”
The sheriff then imposed a community payback order with a 12 month supervision requirement. The 20-year-old, of Bannock Road, Fallin, was also ordered to complete 180 hours of unpaid work.
Turning then to Robert McLean, Sheriff Gilchrist said: “Your position is entirely different.
“You were concerned not only in the supply of cannabis but also a class A drug.”
In all the circumstances, the sheriff added that the only appropriate sentence was a custodial one.
The eight month jail sentence was reduced from 12 months due to his early guilty plea.