SENTENCING STATEMENTS

On sentencing, Lady Poole said:

"David McGregor Stewart, you pled guilty at the High Court in Glasgow under section 76 of the Criminal Procedure (Scotland) Act 1995 to two separate firearms charges with bail aggravations. 

On 11 June 2024, the police attended your flat, and found a taser on the living room couch.  After ballistic testing, it was confirmed this was a prohibited firearm and capable of being used. 

Despite having got into trouble after the taser was found, just two months later on 12 September 2024, you were found in possession of a different firearm with intent to cause fear of violence.  You were standing in the common close in the property where you lived, when your neighbour and her friend arrived home.  You were holding what looked like a silver blue pistol gun.  Your neighbour reported that you told her you were a gangster and had the weapon to kill people.  You gave her the gun to hold which she found to be heavy, cold and metal.  She believed it was real and became scared to remain at her address.  Later, there was a search of your flat, and an airsoft gun matching the description given was found, capable of shooting 6mm plastic bullets, although at the time was not loaded. Your account is that it was a present from your mother with sentimental value, which you were trying to repair.  Nevertheless, it is an imitation firearm within the meaning of the firearms legislation.  You were again on bail at the time you had this weapon.  You say you were under the influence of alcohol at the time you had the gun while talking to your neighbour, but that is an aggravating factor. 

You need to understand that possession and use of imitation firearms are viewed very seriously by the courts.  This is because imitation firearms are often used to frighten and intimidate victims.  They may often be very hard to distinguish from the real thing, and they can be used in crime.  Just having them can create dangers to people, because of the risk of them going into circulation, and being used by others in criminal activity that endangers the public.

You are a 36-year-old man.  You have a concerning criminal record.  On a number of occasions, you have been convicted of offences involving weapons such as a crossbow, a baseball bat, and knives.  Your previous convictions may be at sheriff court level, but you have been convicted of multiple offences of violence such as assault and threatening and abusive behaviour, and breaches of bail.  You have previously been sentenced to imprisonment.

I ordered a criminal justice social work report.  There were concerns about the extent to which you understood the danger that having these types of weapons can pose, and that you seemed to view possessing weapons as a “norm” in your environment.  The assessor considered you to be a high risk of further offending, which would likely involve disorder potentially with possession of a weapon or violence. 

I have taken into account everything said on your behalf in mitigation.  I take into account difficulties when you were growing up, your learning disability, your history of some limited work, and your history of alcohol and drug abuse.  It is to your credit that you are currently working in the prison kitchens.  You have expressed remorse.  You pled guilty to these offences at an early stage, and accordingly I will give you a discount to the custodial part of your sentence.   

Nonetheless convictions for these firearms offences must attract a custodial sentence.  The public must be protected from prohibited firearms.  Both offences were committed while you were on bail and subject to bail conditions. The second offence was particularly bad because of the fear it caused, and because it was committed only two months after the first when you had recently been released on remand subject to conditions.  I have had regard to the sentencing guidelines produced by the English Sentencing Council for these types of offences as a cross check on the sentences I have decided to impose. 

On charge 1, I sentence you to 16 months imprisonment.  A headline sentence of 2 years, which included 6 months for the bail aggravation, has been reduced to 16 months for your guilty plea.  Charge 2 is a more serious offence and I sentence you to a consecutive period of 32 months imprisonment, reduced from a headline of 48 months, which included 6 months for the bail aggravation.  The total period of imprisonment is 4 years.

You spent 8 days in custody before being released on bail after your first offence, but were then remanded from 16 September 2024 after the second firearm was found.  Your sentence is backdated to 8 September 2024 to give you credit for time spent on remand."