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Daily Record
Daily Record
National
Stirling Observer

Man caught in possession of heroin at Callander home was 'somewhat fortunate' not to face 'more serious offence'

A Callander man caught with heroin worth £600 in his home this week escaped a jail term.

Richard McLellan had admitted possessing the class-A drug at his Lagrannoch Crescent home on August 21, 2020.

The 47-year-old had originally faced a charge of possessing the drug with intent to supply it to another or others, but an amended charge had been accepted by the Crown.

Fiscal depute Sean Isles told Stirling Sheriff Court on Wednesday that police had found the heroin during a search of McLellan’s home.

It had weighed 11.9g and was worth £600, he added.

McLellan’s agent Frazer McCready told Sheriff Derek Hamilton that the guilty plea had been made on the morning of the trial, although McLellan had been trying to resolve the matter throughout proceedings.

The lawyer also pointed out that McLellan had gone to visit family in Cyprus and while there “went cold turkey” and was “able to sort himself out”.

McLellan had also been working with the Community Alcohol and Drugs Service (CADS), but no longer required their assistance.

Mr McCready added that McLellan had found the last couple of years particularly difficult as his son had moved to Amsterdam with his mother.

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He had tried to prevent the move as he wanted contact with the child. However, he did allow the move.

The defence solicitor also told the court that McLellan had a number of matters on his record involving drugs, but the last time he had been involved in drugs was 2018.

There were no outstanding matters, Mr McCready said, but given McLellan’s record he accepted that “all options” would be considered.

He asked Sheriff Hamilton however to impose a Restriction of Liberty Order.

Sheriff Hamilton told McLellan that his record was a significant one in general, and for drug offences in particular, adding that one conviction had been at High Court level on a similar matter.

It was “somewhat fortunate” however that the matter before the court had resulted in a plea for possession and was not a more serious offence.

Sheriff Hamilton added: “You are verging on custody, but I will refrain from custody on this occasion.”

He sentenced McLellan to a four-month Restriction of Liberty Order confining him to his home between the hours of 6pm to 6am each day.

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