John Alexander Hutcheson was sentenced to 224 hours’ community service and 12-month probation in September 2018 for drugs offences.
At the time, the court was told Hutcheson had had an accident at work and was on long-term benefit and waiting for a back operation. He told officers he would use cannabis four to six times a day to relieve the pain, and “a couple of scoops” of amphetamine to suppress his appetite because he was unable to exercise.
Hutcheson appeared before Court on Friday after he was unable to complete the hours of community service.
After completing 96 hours in the year following his sentencing, he was given more time to complete the order.
He then completed another 38 hours, but the Court heard there had been several periods during he which he had been unable to do hours due to his ill health or the lack of suitable work for him.
Crown Advocate Lauren Hallam said Hutcheson was in breach of his community serviced as 86 hours remained outstanding, but added the case was “exceptional”. She said Hutcheson had been prevented from abiding with the order through no fault of his own, because of a “combination of ill health and pandemic”.
She recommended a six-month sentence suspended for a year.
Advocate Giles Emanuel, representing Hutcheson, said his client had sought to complete his hours but had been unable to do so. He said he had however completed his probation orders.
He told Court Hutcheson suffered from a number of health issues including chronic pain.
The case was heard by the Deputy Bailiff, Robert MacRae, sittings with Jurats Jane Ronge and Dr Gareth Hughes.
They revoked Hutcheson’s previous order and impose a sentence of six months suspended for a year.
He warned Hutcheson that if he committed an offence during that period and was sentenced to prison, he would be imprisoned for that offence as well as an additional six months.
