SENTENCING STATEMENTS
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HMA v David Stephen & Shaun Brown
May 6, 2026
On sentencing, Lord Cubie made the following comments:
“You have each pled guilty to an offence under section 30 of the criminal justice and licensing act, a charge of directing serious organised crime; you have accepted both being involved in the use of encrypted communication devices and other ways to direct others to commit the serious offence of being concerned in the supply of cocaine, involving purchase collection delivery adulteration storage and sale of cocaine. There were two chapters.
The agreed narrative reflects that purchased cocaine in early 2020 was adulterated and sold for sums of up to £600,000. The messages exchanged included recovery of significant sums; detailed accounts were kept monitoring the income and outgoings of the operation. Such was the volume of transactions that you Mr Stephen purchased a banknote counter and counterfeit cash detector.
After your arrest in December 2025 interrogation of devices showed further messages relevant to the offence, again relating to the purchase collection delivery storage and sale of cocaine; again there are messages showing the significant directing afforded and the careful monitoring of income and outgoings – this culminated in a message exchange about a profit to you of £230,000. The transactions identified seem to have been for 125 kg of cocaine giving rise for you to a profit of up to £350,000. And You both showed the trappings of such wealth although you do not necessarily accept that the luxury lifestyle was fully funded by the proceeds of the drug transactions.
The purchase adulteration and sale of cocaine perpetuates a criminal trade which gives rise to misery, dependency, poverty and death. They are corrosive and destructive. Your motivation was purely selfish and profiteering; and I have reservations about how much store I can put in the legitimacy or success of a construction business that was apparently set up during the most restrictive lockdowns of the covid-19 period
I have read the reports; there is a degree of insight and remorse although some of that is directed towards the effect that this has had on each of you rather than on society. You each seem capable of contributing to society but chose to take a different anti-social and criminal route to earning money. You each played a significant active and sustained role and were apparently able without any disruption pick-up from where you left off from your drug dealing. The whole involvement shows planning and structure of a long-term basis.
Mr Stephen you appear to be resourceful and on your account successful beyond the money earned from drugs; it is a pity you did not focus on that from 2020.
Mr Brown you have a wife and child who will be affected by your offending; you told the reporter that you were put off alcohol due to seeing the impact on your father; but it didn’t make you hesitate about peddling another addictive and damaging substance.
I take into account the previous convictions in determining the appropriate sentence today. I see no reason to distinguish between you. The public interest is high in suppressing criminal activity such as yours and in imposing an appropriate punishment given the potential outcomes.
A contravention of section 30 of the Criminal Justice and Licensing (Scotland) Act 2010, carries a maximum sentence of 14 years imprisonment. What you have pled guilty to is extremely serious; I acknowledge that there could be more serious examples of this charge, by extending over a period of years rather than the two discrete periods in the indictment. But these offences, the nature extent and value of the cocaine involved and the periods of time over which this offence was committed mean that a significant sentence must be imposed.
You will each receive credit for your plea; you were fully committed on the indictment giving rise to this matter on 31 December 2025. You sought to adjust a plea through counsel on early this year, formally in early March; the delay was for the crown to make enquiries; that is early and there is a clear utilitarian value in tendering a plea.
The headline sentence which reflects your record, the nature of the offences, the value of the drugs involved and the extent of organisation together with consequences of the circulation of such drugs is ten years; I will modify that by one third to six years and eight months. That sentence is to be served from the date of the remand on 24 December 2025
You will each be subject to the terms of the agreed Serious Crime Prevention Order for a period of three years upon your release from custody.”
6 May 2026