Ian Sweeney, 53, of Salsburgh, North Lanarkshire, was sentenced to two years in prison at the High Court in Glasgow on 15 October 2024.
He had admitted being involved in serious organised crime and being concerned in the supply of controlled drugs, including cocaine and cannabis, between March and May 2020.
The Appeal Court upheld the Crown appeal, which was led by the Lord Advocate, Dorothy Bain KC. The original sentence has been quashed and replaced with a custodial term of five years and six months.
While sentence is rightfully the domain of the independent judiciary, the balance of justice is served by the Crown being allowed to appeal in limited circumstances.
The Appeal Court has set a high test to be satisfied for this to happen.
The sentence must be unduly lenient, meaning it falls outside the range of sentences which the judge could reasonably have considered appropriate having taken account of all relevant factors.
Kenny Donnelly, Deputy Crown Agent for the Crown Office and Procurator Fiscal Service, said:
“COPFS is committed to protecting communities from the blight of serious organised crime and drug trafficking.
“Prosecutors have a responsibility in legislation to consider appeals based upon undue leniency in sentencing.
"Such appeals are rare but important to ensure the public interest is properly served.
"They allow the court to review sentences that the Crown believe fall outside the range of punishment reasonably considered appropriate.
"COPFS believes that it is important that the harm caused to communities by serious organised crime, and the culpability of the convicted person, must be consistently reflected in sentencing decisions.”
Sweeney’s crimes were exposed when police discovered he was using the handle “Bug-sweep” on the EncroChat messaging platform and was in contact with over 100 members of organised crime groups.
He was made subject of a Serious Crime Prevention Order in December 2024. This will be in place for four years after his release from prison.
The order imposes significant and stringent restrictions on his activities after he is released from prison and is designed to protect the public and prevent Sweeney from returning to crime.
He will be required to notify the police of his movements and restrict his use of communication devices and anti-surveillance technical equipment.
The decision notice can be found on the SCTS website.