25th February 2018
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Five-month prison sentence for addict who failed treatment order

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A drug addict who failed to complete a drug treatment and testing order was jailed for five months when he appeared at Lerwick Sheriff Court.

Barry Dutton, 25, was given the order after supplying heroin from his flat in Bank Lane in February. At the same time he was found to have cannabis resin, as well as other class C drugs nitrazepam and diazepam.

Sentence had been deferred last month after Sheriff Graeme Napier said he did not accept Dutton’s claims that he had been struggling to cope after two bereavements. He had remanded Dutton in custody until Wednesday when he appeared for sentence for the drug charges, as well as other offences.

In August Dutton stole wooden fencing material and various items of building equipment from the Buildbase store in Lerwick. He also failed to appear in court after being accused of theft by housebreaking.

Defence agent Tommy Allan said Dutton had been using drugs for 13 years and thought it was unlikely he would be able to give them up promptly after having such a long-standing habit.

“Clearly people who find themselves here are in difficult situations. It complicates the situation when they are facing up to difficult aspects about their own behaviour.

“His [Dutton] position is he has been using drugs for 13 years and he does not think he can be expected to give them up overnight.”

Mr Allan said Dutton had “had enough of custody” after being held on remand. “The fact he has been in custody since his last appearance has been a shock to him, and it appears to have made him a bit more determined than he was previously to do something about it.”

However Sheriff Graeme Napier said he did not believe Dutton was “motivated to deal with his problem”. “Half the battle is being in the right mind to do something about it,” he said.

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