Gerard Noble Nesbitt

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The respondent was convicted on 3 May 2013 at the High Court of Justiciary, Glasgow, of being concerned in the supply of cannabis resin (a class B drug) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971, and sentenced on 29 May 2013 to 3 years and 6 months imprisonment. Some 31kg of cannabis (max street value £155,000) was recovered. The Complaint proceeded solely under Section 53(1)(b) of the Solicitors (Scotland) Act 1980 on the basis of the imprisonment of not less than 12 months; no finding of professional misconduct or dishonesty was required or made. The respondent did not defend the Complaint, admitted the conviction, showed remorse and cooperated. He had an analogous 1984 conviction (pre-qualification) for possession with intent to supply. The Tribunal struck his name from the Roll of Solicitors and awarded expenses.

Duties found breached:

• No standing bail or surety for client

Aggravating factors:

• Serious conviction prosecuted in the High Court resulting in 3 years 6 months imprisonment
• Large quantity of drugs recovered (31kg, max street value £155,000), at upper end of offending
• Previous analogous conviction in 1984 for possession with intent to supply
• Damage to reputation of the profession

Mitigating factors:

• Respondent did not defend the Complaint and admitted the conviction
• Expressed remorse and apology in letters
• Cooperated fully with the Law Society