Arbroath man given longer sentence for importing CS sprays and stun guns

Published 6th Oct 2017

Prosecutors have convinced appeal judges to impose a five year jail term on an Arbroath man who broke strict firearms laws by importing CS sprays and stun guns into Scotland from abroad.

Maitland Cuthill was jailed for 16 months at Dundee Sheriff Court in August 2017 after pleading guilty to multiple breaches of the Firearms Act.

The 41-year-old admitted that between July 1 2015 and August 2 2015 at his home in the town he purchased five CS spray canisters from an Internet web site based abroad.

He also admitted purchasing a stun gun and trying to import it into the UK and possessing a stun gun that was disguised as a torch.

At the Court of Criminal Appeal in Edinburgh earlier, prosecutors argued that Sheriff Alastair Carmichael, the judge who sentenced Cuthill, acted incorrectly.

They argued that legislation states that Cuthill should have received a five year sentence for the offences.

Defence advocate Tony Lenehan argued that there were exceptional circumstances in the case. He argued that his client should receive a lesser sentence because he didn't know the weapons were illegal.

However, appeal judges Lord Turnbull, Lord Menzies and Lady Paton ruled that Sheriff Carmichael acted incorrectly and imposed a five year sentence on Cuthill.

Lord Turnbull said: "We will quash the sentence and impose a custodial term of five years.