SENTENCING STATEMENTS

Upon sentencing, Lord Scott made the following remarks:

"George Baigrie, you have pled guilty to 2 charges. The first relates to your involvement for 3 months in serious organised crime and agreeing with others to do various things you knew or suspected or ought reasonably to have known or suspected would enable or further the commission of serious organised crime. It involved undertaking various tasks in relation to being concerned in the sale and supply of controlled drugs, including the collection, transportation, storage, adulteration, concealment, sale and distribution of class A controlled drugs, including cocaine and diamorphine or heroin, and the class B controlled drug, Cannabis. It also involved acquiring, possessing and transferring money which was the proceeds of drug dealing, and the payment of sums to others. You controlled and facilitated the transfer of firearms to others involved in serious crime. You also advised Calum Simpson to destroy and conceal evidence regarding the assault in charge 27. You also used EncroChat to try to conceal your various activities. This is a serious charge, carrying a maximum sentence of 10 years imprisonment. The narrative confirms that you played a significant role, also described as a senior role, in a drug dealing business involving cocaine, heroin and cannabis.

The second charge to which you pled guilty involves conspiracy to assault James Addison in April 2020 by shooting him. The conspiracy involved significant planning. That crime was aggravated due to a connection with serious organised crime, meaning that, in engaging in that conspiracy, you were motivated (wholly or partly) by the objective of committing or conspiring to commit serious organised crime.

You are 43 years old and, at the time of the offence, you were 38. You have several previous convictions, including 5 for violence. Of these, 4 are indictment matters. Two of these are for attempted murder, in 2003 and 2025. You have served several custodial sentences, with the longest of these being the 2 imposed for the separate charges of attempted murder. In 2003, you were sentenced to an extended sentence of 15 years with a custodial term of 12 years. In 2025, you received an extended sentence of 20 years with a custodial term of 15 years. That last sentence was imposed on 11 February 2025 and was backdated to 24 February 2022. You are still serving that sentence with an earliest date of release of 23 February 2037 but an earliest possible parole date of 25 August 2029. Your offending on the present indictment predates that attempted murder. For reasons no doubt connected to the complicated nature of the investigations in the present case, it has come before me out of sequence in terms of your continued serious offending.

Jason Smith, you have pled guilty to 3 charges relating to your involvement for 3 months in serious organised crime and agreeing with others to do various things you knew or suspected or ought reasonably to have known or suspected would enable or further the commission of serious organised crime. That is the charge with the maximum sentence of 10 years imprisonment. The indictment refers in particular to your role which is broadly the same as George Baigrie but including also carrying out, and conspiring with others to perpetrate, acts of violence and threats of violence in order to achieve criminal objectives but not including advising Calum Simpson on destroying and concealing evidence. You too were engaged in the detailed conspiracy to assault James Addison in April 2020 by shooting him as libelled in charge 24. You were also involved in the assault in charge 27 on 21 April 2020 on John Fyvie by seizing and pulling him by the body, striking him on the head and neck with a knife and pursuing him, to his severe injury and permanent disfigurement, all with faces masked and having previously evinced malice and ill-will towards him. Charges 24 and 27 were both aggravated due to a connection with serious organised crime. In relation to charges 24 and 27, the maximum sentence is life imprisonment.

You are 37 years old and, at the time of the offence, you were 30. You too have several previous convictions, including 3 indictment matters, the first for assault and robbery in 2006, albeit resulting in a probation order in 2007; the second was in 2015 for a firearms offence concerning a rifle, resulting in a sentence of 3 years imprisonment on 8 January 2016; lastly, you have a High Court conviction in 2017 for wilful fireraising and 2 charges involving being concerned in the supply of drugs – cocaine and cannabis, resulting in a sentence of 17 months and 12 months imprisonment.

Calum Simpson, you have pled guilty to 3 charges relating to your involvement for 3 months in serious organised crime and agreeing with others to do various things you knew or suspected or ought reasonably to have known or suspected would enable or further the commission of serious organised crime. Your plea is in the same terms as Jason Smith. As before, the maximum sentence on that charge is 10 years imprisonment.

You too were engaged in the detailed conspiracy to assault James Addison in April 2020 by shooting him as libelled in charge 24. You were also involved in the assault in charge 27 on 21 April 2020 on John Fyvie by seizing and pulling him by the body, striking him on the head and neck with a knife and pursuing him, to his severe injury and permanent disfigurement, all with faces masked and having previously evinced malice and ill-will towards him. Charges 24 and 27 were both aggravated due to a connection with serious organised crime. In relation to charges 24 and 27, the maximum sentence is life imprisonment.

You are 39 years old and, at the time of the offence, you were 32. You have several previous convictions, including 2 concerning weapons - possession of an offensive weapon in 2019 and a bladed item in public places in 2016 and 4 for violence, including 2 on indictment – abduction and assault to injury with a bail aggravation and a domestic aggravation in 2015, resulting initially in a community payback order which was revoked and you then received a sentence of 3 months imprisonment; and, in 2016, 4 charges of assault to injury and other offences also with a domestic aggravation and a knife, resulting in your longest sentence to date, one of 18 months imprisonment.

David Simpson, you have pled guilty to 2 charges relating to your involvement for 3 months in serious organised crime and agreeing with others to do various things you knew or suspected or ought reasonably to have known or suspected would enable or further the commission of serious organised crime. Your plea is in the same terms as Jason Smith, although, in relation to firearms, your role was possessing and transferring them to others involved in serious organised crime. As before, the maximum sentence on that charge is 10 years imprisonment.

The other charge you pled guilty to relates to the possession of firearms, including a machine gun and a pistol handgun as well as ammunition. The maximum sentence is 5 years imprisonment. This charge is aggravated due to a connection with serious organised crime.

You are 39 years old and, at the time of the offence, you were 33. You have several previous convictions but all at summary level and none resulting in detention or imprisonment. I note a conviction in 2008 for simple possession of drugs but this was dealt with by way of a fine.

James Lowrie, you have pled guilty to a single charge relating to your involvement for 3 months in serious organised crime and agreeing with others to do various things you knew or suspected or ought reasonably to have known or suspected would enable or further the commission of serious organised crime. Your plea is in broadly the same terms as Jason Smith, although it did not involve you in anything to do with firearms or conspiracies to do with violence. The maximum sentence is 10 years imprisonment.

You are 39 years old and, at the time of the offence, you were 32 and 33. You have several previous convictions for a variety of different offences but all at summary level and none resulting in detention or imprisonment. I note  convictions in 2007, 2012 and 2021 for simple possession of drugs but these were dealt with by way of fines. However, you have 2 convictions on indictment, one for possession of a knife in a public place in 2011, albeit resulting in community service and also one for being concerned in the supply of cocaine in 2016, albeit resulting in a community payback order. Until now, you too have avoided a custodial sentence.

Put short, you took each part knowingly for a period of several months in a significant organised criminal operation which, based on the available snapshots of scale through references in messages to the quantities and value of drugs, clearly involved many hundreds of thousands of pounds worth of drugs, for example, reference at one point being made to 62 kilos of cocaine and a debt of £1.3 million. George Baigrie and Jason Smith performed significant or senior operational roles. They must have been significant in the operation of the enterprise over that period. As for the other accused, in particular David Simpson and James Lowrie, your roles may have been lesser roles but, as is often said, serious organised crime groups would be unable to operate as they do were it not for people like you prepared to carry out lesser but crucial roles in a drug dealing enterprise. With the exception of James Lowrie, each of you was also involved in ancillary aspects of the operation involving either firearms or violence or both.

In recent years, the courts in Scotland have had to deal with serious organised crime groups and the significant harm they cause to individuals and society as a whole. Some involved appear to feel sufficiently emboldened to bring significant violence to the streets of Scotland. The courts will continue to make it clear that such behaviour and activities will not be tolerated. Severe penalties can be expected when these cases are brought before the courts.

In each case, I ordered a Justice Social Work Report (JSWR) to obtain more information about each of you and your backgrounds as well as providing an assessment of risk of harm to the public. In relation to David Simpson and James Lowrie, I required to obtain such a report as neither of you has previously served a custodial sentence.

GEORGE BAIGRIE

I have been provided with a JSWR and other material relating to your last conviction. I have a report from Dr Lorraine Johnstone who says that 'the first clinical priority is to clarify George Baigrie’s neurological and cognitive status through medical review and neuropsychological assessment'. That could be a lengthy and uncertain process. Mr Guarino has urged me to start with that before deciding how to proceed, leaving open the option of making a risk assessment order.

While I have some doubt that matters will be much advanced within the timeframe available to me, I am prepared to do as Mr Guarino suggested. Accordingly, I adjourn the diet against you until 6 January 2027 on cause shown. This is to allow your defence team to try to accelerate the sort of review and assessment suggested by Dr Johnstone. I consider that an inquiry which may assist in determining the most suitable method of dealing with his case, although at the very least that will be another lengthy extended sentence and I may yet make a risk assessment order.

JASON SMITH

You have told the author of the report that you 'accept full responsibility for [your] part in these offences', indicating that you feel ashamed, embarrassed and remorseful. In particular, you express remorse towards your own family.

You appear now to have reflected on what you did and have come to appreciate some of the harms to which you contributed. Despite claiming to accept full responsibility, the report notes a degree of minimisation and lack of deeper insight into the impact on society and other individuals. You have stopped using drugs and express a willingness to do more work to improve your self-awareness and address your risk of re-offending. You have been making positive use of your time in custody in education, health and psychology. The report suggests that further targeted intervention will assist.

The report describes adverse childhood experiences, including traumatic bereavement due to the loss of your father from a drug overdose as well as witnessing and experiencing domestic violence.

A relationship started in 2023 seems to offer you, and perhaps society, a path out of offending, not least as you have the support of your partner who is mother to your 2 and a half year old son. Choices made by you several years ago have led to you missing out on some of his firsts.

Having secured a passman role in prison, albeit losing this, and thereafter a job in the woodshed, you express the intention of seeking employment upon your eventual release. You describe having disassociated from the serious crime group after you were seriously and violently attacked in 2021. Physiotherapy and work have helped you to recover greater use of your hands. The attack also affected your mental health. Forensic psychologist, Rebecca Pardoe, suggests a diagnosis of complex PTSD.

The report gives an account of how you became involved in lower level drug dealing, leading, through seeking respect from criminal associates, to involvement in serious organised crime, with your main incentive for becoming involved in this offending being 'the financial gain, with secondary considerations given to the sense of belonging, power, and respect he felt'.

You accept that you had responsibility within this serious organised crime operation for 'organising and co-ordinating their collection, transportation, storage, adulteration, concealment, sale, and distribution of drugs'. You deny handling firearms or being involved in 'that domain' of the operation and offer no comment on your role in the control and facilitation of firearms to others involved in organised crime.

Regarding the conspiracy to shoot James Addison, you downplay your role, suggesting that you merely provided an opinion in a plan that was unlikely to come to anything.

You explain why you assaulted Mr Fyvie, claiming that you could think of no other way to deal with what you say was a half million pound debt he owed you.

In the conclusion, it says, '… it appears that throughout the index offending, Mr Smith presented as someone who relished this lifestyle and the associated benefits, namely the financial gain, and enjoyed the sense of power, respect, and sense of belonging his association within such a group provided.' There are signs you may have taken some steps towards change, having taken the time to reflect on some of your earlier choices and now having a more secure family situation to motivate you to stay out of trouble and secure your release as soon as possible. I note the terms of the letter from an assistant tutor within the SPS and the certificates from Dundee and Angus College.

An extended sentence is recommended to address the risk of serious harm to the public.

CALUM SIMPSON

In the report, you accept responsibility for your offending and accept the terms of the agreed narrative. You admit that you became involved for financial gain. You say that you have pushed away from this lifestyle.

Prior to being remanded for this case, you acted as carer for your parents who, while disapproving of what you have done, continue to support you. A relationship you started 2 years ago appears also to be a positive aspect of your life. You hope to return to regular employment in your own trade as an electrician. A character reference from the Reverend Robert Craig speaks well of you.

You have had issues with drug and alcohol misuse but have taken steps to address these, in particular engaging with a substance recovery service in West Lothian from February to September this year. I have seen a letter from the service to confirm this.

In terms of the gravity of your offending, the report says,

'The index offences evidence a high level of planning and explicit attempts to evade detection in the use of sophisticated communication methods.  There is also evidence of detailed planning to cause potentially lethal harm to more than one individual.'

It concludes,

'It is clear from the agreed narrative that he was involved in organised crime at a senior level, and he was making active decisions to participate in behaviours that caused overt harm to individuals and communities' and suggests an extended sentence to address risk of serious harm, albeit recognising that the SCPO should assist with that.

DAVID SIMPSON

The author of the report appears to think you pled guilty to 5 charges which is obviously wrong.

The report explains how you came to be involved in this offending from the age of 17, through a combination of exploitation and threat by a named individual.

Your mother says,

'Mrs Simpson advised that her son became increasingly dependent and controlled, isolated from his family and prevented from claiming disability benefits or attending family events. She stated that [this other person] had ‘total control’ of her son for several years and that this continued for around fifteen years until [his] death in 2023.'

You have what is described as a non-specific learning disability, with physical and behavioural difficulties from infancy. I am given more detail about that in the report from consultant psychiatrist, Dr Perera dated 6 July 2026. As with much of the information about you, this comes from your mother with whom you reside, although it is confirmed by your GP, Dr Hepple. It appears to have made you more vulnerable to exploitation with your continued involvement arising from vulnerability, ignorance, grooming, exploitation and fear.

Whether deliberately or otherwise, your account of involvement with firearms was unclear.

The report tells me,

'He told me that he was not aware initially that he was involved in criminal activity, however made no attempt to justify his actions other than to express confusion about his role in the activity…'

It suggests that your 'awareness or agreement to involvement appear limited'.

I am given information about significant mental health problems from childhood, with an admission to the Royal Edinburgh Hospital as recently as October 2025. You struggled to use support available from the Community Mental Health service through a drop-in centre. You receive prescriptions to assist.

The report says,

'Dr Raza’s letter dated November 2025 confirms Mr Simpson’s diagnoses of severe/complex PTSD and emotional dysregulation and describes Mr Simpson as ‘tormented’ and ‘suicidal’.'

Since the death in 2023 of the person primarily involved in enlisting you in the work of the serious organised crime group, you have been able to push away from this offending.

JAMES LOWRIE

The report explains your involvement in this offending which started in Covid times when a relationship ended, you were placed on furlough from work and, through drug use, you accrued a drug debt which you had to repay.

You claim to have been, in effect, the group’s accountant, dealing with financial matters as opposed to having a hands-on role with drugs. I am not sure that this makes your involvement any less serious as it might be thought that this was a key role which relied on your 'business knowledge'.

The report suggests limited insight and acceptance of responsibility on your part, stating that your account;

'demonstrates limited recognition of the significance of his role, given that the collection, counting, organisation and recording of drug related proceeds and the subsequent transfer of money, contributed to an integral part of wider organised criminal activity.'

You are aware of the wider activities in such groups, including violence, but seek to distance yourself from these, compartmentalising your role in a way you see as less harmful. You appear less aware in the wider impact and harm from the group’s activities than in the impact on you and your family.

Your son has been visiting you in custody and I am told that his mother is supportive. You intend and expect to be able to resume employment upon your release, having had a period of 5 years in employment abroad after the present offending. I have the letter from your employer to confirm this as well as the supportive letter from your partner.

You have twice been the victim of serious assaults which have left lasting damage and pain. You suffer symptoms akin to PTSD and have complained of anxiety, depression and insomnia, some of which has been reported to your GP.

You ceased your use of cocaine in July of this year.

Your counsel have rightly acknowledged the gravity of the charges and the inevitability in each case of a custodial sentence.

Of primary significance in this case is the scale of the organised criminal enterprise as glimpsed in the messages about very large sums of money and quantities of drugs, as well as the period for which you were each involved which was not marked in days but months. Harm and potential harm is extremely high for all such major drug and serious crime operations, especially where firearms and violence are involved. Culpability is also high.

Having regard to the whole circumstances of the case, in particular the gravity of the crime, only a custodial sentence is appropriate in each case. It is necessary to punish you and to seek to deter you and others from behaving in this way.

It is worth observing that there is a significant difference between a contravention of section 28 of the Criminal Justice and Licensing (Scotland) Act 2010, and a similar charge involving being concerned in the supplying of a class A drug. That latter charge carries a maximum sentence of life imprisonment whereas a charge under section 30 carries a maximum sentence of 14 years and under section 28 a maximum sentence of only 10 years imprisonment.

Had any of you been facing a similar charge under the Misuse of Drugs Act, a cross‑check with the Sentencing Guidelines for England and Wales regarding class A drugs would suggest a range of 9 to 12 years in custody with a suggested starting point of 10 years.

Those ranges and suggested starting points do not apply here.

While what you have pled guilty to is extremely serious, I have to recognise that there could be more serious examples, for example,  someone in a leading role higher up the chain of command or someone involved for a longer period.  Inevitably this difference will lead to sentences here which might appear relatively lenient but comparison is meaningless as the charges are very different.

Jason Smith, having regard to the whole circumstances of the case, only a custodial sentence is appropriate. It is necessary to punish you and to seek to deter you and others from behaving in this way and in particular to protect the public from you. As all 3 charges were, in effect, all connected to your involvement in serious organised crime, I will impose a cumulo sentence, meaning one which applies to all 3 charges.

Having reflected carefully on all of the circumstances, in particular the serious and sustained nature of the charges, the established behaviour at the time and the insights in the justice social work report, in my judgement the normal period of licence would not be enough to protect the public from serious harm from you. Accordingly, I consider that the custodial sentence in your case should be by way of an extended sentence.

But for your plea of guilty, the custodial term would have been one of 8 years 6 months imprisonment. Had I been sentencing on the 3 charges separately, the headline sentences would have been 9 years on charge 4, 8 years on charge 24, with 6 months for the serious crime aggravation, and 9 years on charge 27 with 6 months for the serious crime aggravation.

I must and do recognise that there is a utilitarian value - that is primarily that there has been a saving of court time. Although a trial was fixed, ultimately no trial was necessary. This is a significant aspect of mitigation in your case. However, the utilitarian value of your plea is less than in many other cases, and, here, it came later than the pleas of the 4^th and 5^th accused. I will therefore reduce the custodial term by 20%. That gives a final extended sentence of 9 years 9 months with a custodial term of 6 years 9 months and an extension period of 3 years for the duration of which you will be under licence on conditions fixed by the Scottish Ministers. If, during this extension period, you fail to comply with the conditions of your licence it may be revoked by the Scottish Ministers and you may be returned to custody for a further period. That sentence will date from 31 October 2024 when you first appeared on petition.

Calum Simpson, having regard to the whole circumstances of the case, only a custodial sentence is appropriate.  It is necessary to punish you and to seek to deter you and others from behaving in this way and in particular to protect the public from you.

As all 3 charges were, in effect, all connected to your involvement in serious organised crime, I will impose a cumulo sentence, meaning one which applies to all 3 charges.

But for your plea of guilty, the sentence would have been one of 9 years 6 months imprisonment. Had I been sentencing on the 3 charges separately, the headline sentences would have been 5 years imprisonment on charge 5, 7 years 6 months on charge 24, with 6 months for the serious crime aggravation, and 8 years 6 months on charge 27, with 6 months for the serious crime aggravation.

I must and do recognise that there is a utilitarian value - that is primarily that there has been a saving of court time.  This is a significant aspect of mitigation in your case, although, as with Jason Smith, it came only after a trial was fixed.  I will therefore reduce the period of imprisonment by 20%.  That gives a final sentence of 7 years 7 months imprisonment. That sentence will date from 24 September 2026 to take account of 8 days spent on remand when you first appeared on petition.

David Simpson, having regard to the whole circumstances of the case, only a custodial sentence is appropriate.  It is necessary to punish you and to seek to deter you and others from behaving in this way and in particular to protect the public from you.

But for your plea of guilty, the sentence would have been a cumulo sentence of 3 years 9 months imprisonment, that is a single sentence covering both charges in view of them both forming part of your involvement in serious organised crime.

Had I been sentencing on the 2 charges separately, the headline sentences would have been 3 years on charge 6 and 3 years 6 months on charge 19, with 6 months for the serious crime aggravation.

I must and do recognise that there is a utilitarian value - that is primarily that there has been a saving of court time.  This is a particularly significant aspect of mitigation in your case as you used the procedure available for an accused person who wishes to plead guilty early. That allows me to give you greater recognition for your guilty plea. I will therefore reduce the period of imprisonment by 25%. That gives a final sentence of 2 years 9 months imprisonment. That sentence will date from 27 August 2026.

James Lowrie, having regard to the whole circumstances of the case, only a custodial sentence is appropriate. It is necessary to punish you and to seek to deter you and others from behaving in this way and in particular to protect the public from you.

But for your plea of guilty, the sentence would have been one of 3 years imprisonment.

I must and do recognise that there is a utilitarian value - that is primarily that there has been a saving of court time.  This is a significant aspect of mitigation in your case. I will therefore reduce the period of imprisonment by 25%. That gives a final sentence of 2 years 3 months imprisonment. That sentence will date from 27 August 2026.

I need also to deal with the Crown applications for Serious Crime Prevention Orders in each case. Having read the applications and heard from the Crown and your defence counsel, I will impose a Serious Crime Prevention Order in each case with conditions which have been discussed and explained to you. In the case of Jason Smith and Calum Simpson, that is for a period of 4 years. In the case of David Simpson and James Lowrie, that is for a period of 3 years.  These will take effect from the dates of your release.”

 10 November 2026