Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Grodowski and KOrszen [2016] JRC 166F (21 September 2016)
URL: http://www.bailii.org/je/cases/UR/2016/2016_166F.html
Cite as: [2016] JRC 166F
[New search] [Help]
|
Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Fisher, Nicolle, Olsen, Blampied, Ronge and Pitman |
The Attorney General
-v-
Maciej Growodski
Dorota Irena Korszen
Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 22nd July, 2016, following guilty pleas to the following charges:
Maciej Grodowski
|
1 count of: |
Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Count 1). |
|
1 count of: |
Possession of a controlled drug, with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 3). |
|
1 count of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 4). |
Age: 31.
Plea: Guilty.
Details of Offence:
Korszen travelled to Jersey from Poland and on arrival in Jersey she went by prior arrangement to Grodowski's apartment. On arrival she supplied Grodowski with 964.5 grams of amphetamine that she had brought into the Island with her. Whilst the importation from Poland to Jersey had been arranged by Grodowski, the drugs had been collected by Korszen prior to travel. The amphetamine had a street value of £57,869 (Count 1 on both indictments).
Grodowski immediately cut some of the amphetamine and left the apartment with it. He was approached by officers as he left and arrested. He was found in possession of a knotted plastic bag containing 96.109 grams of amphetamine with a street value of£5,766. Grodowski confirmed he was on his way to sell the powder to a friend at a profit (Count 3).
On entering Grodowski's apartment officers located several packages containing amphetamine. The packages had been concealed by Korszen inside a teapot and a lamp.
During the search of Grodowski's apartment a personal amount of methylamphetamine was located within Korszen's purse, with a street value of £60 (Count 2). A personal amount of cannabis belonging to Grodowski was also seized (Count 4).
Grodowski initially sought to blame Korszen in interview. It was accepted for sentencing that Korszen had acted as a courier and Grodowski was the facilitator.
Details of Mitigation:
Guilty plea, good references and good character.
Previous Convictions:
None in Poland. Offences locally consist of motoring offences, assault and a written caution for possession of cannabis.
Conclusions:
|
Count 1: |
Starting point 7 years' imprisonment. 4½ years' imprisonment. |
|
Count 3: |
8 months' imprisonment, concurrent. |
|
Count 4: |
1 month's imprisonment, consecutive. |
Total: 4 years and 7 months' imprisonment.
Forfeiture and destruction of the drugs sought.
Recommendation for deportation sought.
Confiscation Hearing to be adjourned to 15th December, 2016, at 10am.
Sentence and Observations of Court:
The Court considered the Crown's starting points too high, and stated that the correct starting points were 6 years for Grodowski and 4½ years for Korszen.
The Court asserted that while some guidance could be taken from Campbell in relation to the sentencing approach to the importation of amphetamine, each case would need to be assessed on its own facts.
|
Count 1: |
Starting point 6 years' imprisonment. 3 years and 9 months' imprisonment. |
|
Count 3: |
8 months' imprisonment, concurrent. |
|
Count 4: |
1 month's imprisonment, concurrent. |
Total: 3 years and 9 months' imprisonment.
Forfeiture and destruction of the drugs ordered.
Recommendation for deportation made.
Confiscation Hearing to be adjourned to 15th December, 2016 at 10am.
Dorota Irena Korszen
|
2 counts of: |
Being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug, contrary to Article 61(2)(b) of the Customs and Excise (Jersey) Law 1999 (Counts 1 and 2). |
Age: 31.
Plea: Guilty.
Details of Offence:
See Grodowski above.
Details of Mitigation:
Guilty plea, letter of remorse and good references and good character.
Previous Convictions:
None locally or in Poland.
Conclusions:
|
Count 1: |
Starting point 5 years' imprisonment. 3 years and 3 months' imprisonment. |
|
Count 2: |
1 year's imprisonment, concurrent. |
Total: 3 years and 3 months' imprisonment.
Forfeiture and destruction of the drugs sought.
Recommendation for deportation sought.
Sentence and Observations of Court:
The Court considered the Crown's starting points too high, and stated that the correct starting points were 6 years for Grodowski and 4½ years for Korszen.
The Court asserted that while some guidance could be taken from Campbell in relation to the sentencing approach to the importation of amphetamine, each case would need to be assessed on its own facts.
|
Count 1: |
Starting point 4½ years' imprisonment. 2 years and 3 months' imprisonment. |
|
Count 2: |
1 year's imprisonment, concurrent. |
Total: 2 years and 3 months' imprisonment.
Forfeiture and destruction of the drugs ordered.
Recommendation for deportation made.
C. M. M. Yates, Esq., Crown Advocate.
Advocate A. M. Harrison for the Defendant.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are to be sentenced today for a joint count of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of amphetamine. In addition Korszen, you are to be sentenced for one count of importation of methylamphetamine and you, Grodowski, on one count of possession with intent to supply amphetamine and one count of possession of cannabis resin. With regard to the joint importation this comprised 964.5 grams of amphetamine with a street value of approximately £57,869.
2. In terms of the general approach to your respective roles we accept that Korszen's role was that essentially of a courier and that Grodowski had a role of facilitating the importation.
3. Korszen, with regard to the importation of methylamphetamine this was a relatively small amount, .6 of a gram, valued at £60 and we accept that that was for personal use. Grodowski with the possession with intent to supply, that was 96.10 grams of amphetamine, with a value of £5,766 and there was a possession of a personal amount of cannabis resin, 1.63 grams, with a value of £25.
4. Grodowski, we agree with the Crown's view of the aggravating factors and features in this matter. It is clear that you sought initially to blame Korszen; you facilitated this importation for gain, to make money, and you made the financial arrangements. This was a significant commercial quantity which you proceeded to dilute very quickly indeed in order to distribute it to those to whom it was to be sold.
5. We have taken into account mitigation and we note your guilty plea, for which we allow full value, we treat you, in effect, as of good character, notwithstanding the warning you have received for the possession of cannabis in the past, and we have noted the letters of reference and that they clearly speak to you as an otherwise kindly and hard-working man.
6. Korszen you were the courier and, although your level of involvement, we accept, was lower than that of Grodowski, it was nonetheless an important role. Without couriers drugs do not reach Jersey. However, we note your guilty plea and we note the other mitigation available to you which we view as substantial. You are of otherwise entirely good character and we have paid particular regard to the contents of the social enquiry report and the psychological report that has been prepared for you. We note your personal circumstances and the things that have brought you to the Court this day and we take your remorse as heartfelt and genuine.
7. Before we pass sentence we deal first with the formalities relating to confiscation and adjourn further consideration of that matter to the 15th December, 2016 at 10am in connection with Grodowski. No application is made in connection with Korszen.
8. Concerns were raised by defence counsel with us concerning the appropriate starting point to apply in this case. The Crown has taken the initial starting point the period of 6 years to which it has added I year in connection with Grodowski for his level of involvement and removed 1 year taking it to 5 years in connection with Korszen for her lesser level of involvement. We are cautioned against applying too strictly the guidelines that we see in Campbell-v-AG [1995] JLR 136 because we are to guard against, so we are told, the inflationary nature of relying entirely upon the value of the drugs to determine a starting point.
9. In Campbell the Court, at page 147, said this :-
"We accept that analysis by the weights described in the bands above will not be appropriate for offences involving amphetamines. The approximate street values will, however, afford some guidance to the Royal Court in dealing with such offences on a case by case basis. We turn now to deal with the individual appeals."
We take from Campbell that we take some guidance from the financial value of the drugs but these are to be determined on a case by case basis.
10. In our view the Crown has based the starting points in this case as slightly too high and we take the starting point in connection with Grodowski as one of 6 years and we take the starting point in connection with Korszen as one of 4½ years.
11. Accordingly, allowing for the mitigation available to Grodowski, you are sentenced as follows. On Count 1; 3 years and 9 months' imprisonment, Count 3; 8 months' imprisonment, concurrent and for Count 4; 1 month's imprisonment, concurrent, making a total of 3 years and 9 months' imprisonment.
12. Korszen, we have had particular regard to the personal mitigation available in your case to which I have already made reference and the Court has been minded to take as merciful a course as it reasonably can in the circumstances. You too are to be sentenced to a period of imprisonment but, in connection with Count 1; 2 years and 3 months' imprisonment, and Count 2; 1 year's imprisonment, concurrent, making a total of 2 years and 3 months' imprisonment.
13. We also order the forfeiture and destruction of the drugs.
14. We turn to the question of deportation and because there is no distinction in our analysis, we deal with both defendants at the same time. It is quite clear to us that the first limb of the test in Camacho-v-AG [2007] JLR 462 is passed being that the continued presence of both if you would be detrimental to the Island and in the case of Grodowski and in the case of Korszen we have considered limb two of the test and we are satisfied that that is passed as well. Therefore at the end of your prison sentences we recommend that you are deported from Jersey.
Authorities
AG-v-Rice 1999/96.
Rimmer and Others-v-AG [2001] JLR 373.
AG-v-Niedziecki and Szmigielski [2007] JRC 133.