A Kirriemuir woman who was found guilty of supplying heroin narrowly avoided jail at Arbroath Sheriff Court.
Claire Sandi Sutherland, 28, of Prosen Road, was found guilty by a majority at trial of supplying diamorphine (heroin) from her home address and elsewhere unknown on August 13 2011.
The value of the drug supplied was estimated to be around £3,500. After the guilty verdict on March 8, sentence was deferred for social work reports.
Sheriff Peter Paterson sentenced Sutherland to a community payback order lasting two years six months, with a curfew from 8pm to 7am.
Sutherland has two previous convictions for possessing heroin as well as a breach of the peace conviction. Defence agent Nick Markowski said his client had struggled with drug addiction for most of her adult life.
He said: “At the time of the offence she had significant heroin addiction difficulties. She was associating with other drug users and had a very chaotic lifestyle.
“The background report mentions that she has mental health problems and had learning difficulties when she was at school.
“She has not committed an offence since August 2011 and has made significant progress working through her drug addiction issues recently.”
Mr Markowski noted the time Sutherland had been found guilty of committing the offence had been reduced from the original charge.
“She was found guilty of being involved in the concern and supply of heroin on just one day, whereas the original charge had this stretching over a 10-month period,” he added.
“I don’t think the Crown position was that she was supplying directly to others but that she was involved in the supply chain.
“I would add that she already spent seven days on remand and for the past four months has observed a curfew between the hours of 7pm and 7am.”
Sheriff Paterson said he would jail someone for supplying heroin of this value “95% of the time” but in this case would make an exception.
He told Sutherland: “As you are aware, the court’s primary option in a case with this value is a custodial sentence.
“I am not going to impose a custodial sentence for several reasons. Firstly, you have been identified as a vulnerable person and I accept that.
“Secondly, there has been a significant period where you have been out of trouble. Thirdly, you have taken steps by yourself to try to rectify matters (in relation to her drug problems).
“Lastly, you have come to court each time this has been called over the past two years and complied with bail orders when things have not been easy for you.
“However, you have to understand this if there is a lapse of any form, particularly the return to use of illicit drugs, then a custodial sentence is almost inevitable.”
He added: “If the review says you haven’t cooperated fully, then at that point I would not hesitate to impose a custodial sentence.”