A GREENOCK cannabis dealer caught with almost a kilo of the class B drug worth more than £3,000 has avoided a prison sentence.

The sheriff court heard that William McPhee has been 'trying to turn things around for himself' since he was found with the drugs haul at his home in the east end of the town last year.

McPhee, 23, and older brother Scott, 34, appeared in the dock for sentencing having previously admitted indictment charges under Misuse of Drugs Act legislation.

Both men were originally charged along with two female co-accused, who were both acquitted by a sheriff in September after their not guilty pleas were accepted by prosecutors.

This week's hearing was told that the McPhees lived in separate flats in the same Shankland Road block when police attended on February 23 in 2022 with search warrants.

Officers forced entry into one of the properties and found the siblings. The pair were cautioned before a search was carried out and three plastic tubs containing white residue were recovered.


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Procurator fiscal depute Fergus Warner said that two digital scales were discovered in the other flat along with zip-lock bags, a list of names and numbers, containers with green herbal material in them and two mobile phones under the name of William McPhee.

The substance was confirmed as cannabis and the white residue was tested and found to be amphetamine with a nominal value of £40.

The cannabis, weighing 967.23 grams, had an estimated value of £3,500, according to the fiscal depute's narration in court.

The brothers' solicitor told the court that Scott McPhee, who has been fined previously for drug possession, had the amphetamine in his property 'for his own personal use'.

The lawyer said William McPhee had pleaded guilty to a 'significantly more serious charge'.

She said that following several medical diagnoses he turned to using cannabis when he was 15 as a form of self-medication, however, that 'quite quickly developed into a serious addiction' and amidst his 'excessive use' he made the decision to bulk-buy the product.


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The solicitor said: "He accrued drug debts and sold it to earn extra money.

"He appreciates the impact these kinds of offences have in the community.

"He is trying to turn things around for himself and has refrained from cannabis use since March 2022.

"He has abstained for well in excess of a year, something he has not previously managed.

"It does appear he is motivated to make changes in his life."

Making reference to Scottish sentencing guidelines for criminals aged under 25, the lawyer urged Sheriff James Spy to give McPhee 'an opportunity to prove to the court that he has made these changes for good', despite stating that the offence 'clearly does pass the custody threshold'.


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Sheriff Spy said his initial thought was that a period of custody was required for William McPhee given the nature of the offence, the quantity of drugs seized and his previous convictions.

However, he said the sentencing guidelines 'can't be ignored'.

The sheriff said: "It is only with some hesitation that I shall refrain from [imposing] a custodial sentence."

Imposing a community payback order as a direct alternative, the sheriff said: "You are only going to get one shot at the order. Should you breach it you should expect a custodial sentence of up to 18 months."

William McPhee must complete 280 hours of unpaid work within 15 months, and he will also be supervised for 18 months with a requirement to attend drug and mental health counselling.

A review has been set for February 7 next year to monitor his progress.

Scott McPhee was ordered to complete 85 hours of unpaid in the community within six months.