THE teenage drug dealer from Greenock who killed a 14-year-old Port schoolgirl after supplying her with ecstasy has had his jail sentence cut by appeal judges.
James McCairn, who sold the Class A drug to the late Cerys Reeve, saw his prison term reduced from seven to five years yesterday, following a High Court hearing.
McCairn was convicted of culpable homicide for recklessly and unlawfully supplying the drug to Cerys, following a trial last year.
He was also found guilty of being concerned in the supply of ecstasy between November 2019 and July 13 the following year, including to 14-year-old girls.
Cerys died after taking the drug during a sleepover at a friend's home in Greenock on July 13 in 2020.
SUBSCRIBE AND SAVE: Get access to this and other articles for just £2 for two months
Judge John McCormick had sentenced McCairn to seven years detention but his lawyers challenged the sentence, claiming that it was excessive.
The Court of Criminal Appeal in Edinburgh yesterday overturned the original sentence and replaced it with a term of five years.
First offender McCairn, formerly of Burnhead Street, is now aged 19 but was 16-years-old when he began using social media to advertise the availability of drugs for sale, through Snapchat.
Fred Mackintosh KC told Lord Woolman, sitting with Lord Matthews, that the sentencing judge had made mistakes in assessing the culpability of the teenager.
He said the sentencing process for a young offender had to take into account rehabilitation and an assessment of maturity.
He told the appeal judges: "He has not really appreciated the fact that this young man was in a sense supplying for someone else as a sub-contractor.
"How is a 16-year-old going to be in a position to supply over a period of eight months unless someone is supplying to him?"
Mr Mackintosh argued that seven years was 'a very large sentence' for someone of McCairn's age.
He said such a term would have a significant effect on his prospects for rehabilitation, as he would be institutionalised by the end of it.
The KC added: "My submission is that the court should quash the sentence and substitute a shorter period of detention."
Lord Woolman said the terrible tragedy of Cerys' death underlined the dangers posed by Class A drugs.
The senior judge said that McCairn was involved in a relatively sophisticated supply operation as opposed to 'social supply'.
But he said McCairn was only 16 at the time of the offences, had a difficult and troubled upbringing, was remorseful and had experienced mental health difficulties in custody.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules here