A sheriff said he was left “perplexed” by the crown office’s decision to prosecute a woman for drug dealing, after she told police she was being exploited by her ex-boyfriend.
Terri Valentine was arrested after cops recovered £7,500 of heroin from a Seat Ibiza on the A90 in Perthshire.
Officers targeted the vehicle after receiving a tip-off it was being used to transport class A drugs into Dundee.
As well as three packages of drugs found by sniffer dogs, analysis of Valentine’s mobile phone uncovered messages about the journey.
Valentine appeared at Perth Sheriff Court last month and admitted being concerned in the supply of heroin on March 23 2021.
Her two co-accused walked free after their pleas of not guilty were accepted by prosecutors.
‘Peripheral’ involvement
Returning to the dock for sentencing, Valentine was told her involvement did not warrant a custodial sentence.
Sheriff William Gilchrist asked: “When the plea was tendered, was the crown aware of the account the accused was going to give?”
When he was told it was, he added: “Then I am perplexed to why the crown proceeded the way it did.
“As I understand it, the drugs were found underneath the passenger seat.
“The accused’s involvement was peripheral and she is only guilty in a technical sense.”
He said Valentine told social workers the drugs were “entirely the responsibility” of her ex-partner.
The court previously heard how search dogs found three packages of brown substance from inside the car.
They were found to be two packs of heroin and a bag of paracetamol-caffeine mix.
Mobile phones, including Valentine’s, were also seized.
They contained messages sent to others regarding the estimated arrival time that evening.
Alternative to custody
Defence solicitor Doug McConnell said: “Whether she knew she was picking up cocaine or cannabis or whatever, she is still guilty of taking a risk.”
He said: “Things are really significantly different for Ms Valentine since this time.
“The background to this has been quite significant and quite dramatic.
“She has been taken advantage of throughout her life.
“But she does understand what she has done wrong.”
The sheriff told her: “You have pled guilty to a serious charge.
“But the account you provided to the crown before they accepted a plea involves a far less degree of culpability than that of your ex-partner.”
He said: “I will deal with this by way of an alternative to custody.”
Valentine was ordered to carry out 150 hours unpaid work.
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