Jersey Unreported Judgments

[2008]JRC093

ROYAL COURT

(Samedi Division)

6^th June 2008

Before     :

Sir Philip Bailhache, Kt., Bailiff, and Jurats de Veulle and King.

The Attorney General

-v-

Pawel Piotr Strak

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to:

1 count of:	Being concerned in the supply of a controlled drug, contrary to Article 5(c) of the Misuse of Drugs (Jersey) Law 1978.  (Count 1).
2 counts of:	Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law, 1978.  (Counts 2 and 3).
1 count of:	Offering to supply a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978. (Count 4).

Age:  25.

Plea: Guilty.

Details of Offence:

Strak allowed his premises to be used by suppliers to bag up heroin in return for heroin to feed his habit.  He was sentenced on the basis that the supplier probably went on to supply more than 6 grams of heroin.  He also offered to supply heroin on a few occasions and then took the money and bought heroin for himself.  Personal amounts of heroin and cannabis were found in his premises.

Details of Mitigation:

Early plea; wrote his own indictment on counts 1 and 4; youth; successful detoxification in prison; remorse.

Previous Convictions:

Wanted in Poland for failing to appear on charges of theft and possession of intoxicants/psychotropic substances and to serve two suspended sentences (making a total of 2 years and 6 months) for similar offences.

Conclusions:

Count 1:	Starting point 7 years.  3 years' imprisonment.
Count 2:	2 months' imprisonment, concurrent.
Count 3:	1 month's imprisonment, concurrent.
Count 4:	2 years' imprisonment, concurrent.
Total:	3 years' imprisonment.

Benefit of £2,495.  Confiscation Order of £1,845 sought.

Forfeiture and destruction of drugs sought.

Order for deportation sought.

Sentence and Observations of Court:

Conclusions granted.

R. C. L. Morley-Kirk, Crown Advocate.

Advocate C. M. Fogarty for the Defendant.

JUDGMENT

THE BAILIFF:

1.        Strak you have pleaded guilty to serious offences involving the supply of heroin.  You have a record of previous convictions including convictions for drug offences.  You have pleaded guilty to the indictment and we take account of the fact that two of the counts on the indictment result from your own admissions. 

2.        We also take account of the fact that you have tried to get over your addiction to heroin in prison and you are entitled to credit for that.  We think that the Crown Advocate has taken full account of all the mitigating factors and that the conclusions are correct. 

3.        We are therefore going to sentence you on Count 1, to 3 years' imprisonment, on Count 2, to 2 months' imprisonment, on Count 3, to 1 month's imprisonment and on Count 4, to 2 years' imprisonment.  All those sentences will run concurrently making a total of 3 years' imprisonment.

4.        We note that your counsel has not opposed the recommendation of the Crown that you should be deported at the conclusion of your sentence.  We will therefore recommend to the Lieutenant Governor that when you have completed your sentence you are deported to Poland. 

5.        We want only to say this to you, you are obviously a man who has some intelligence and some talents and we hope very much that when you get back to Poland you will put those talents to good use, and make something of your life in the future. 

6.        We order the forfeiture and destruction of the drugs.

No Authorities