Courts / Carlow / Report

"Committed" cannabis grower loses sentence appeal

Date
2018-11-12
Stage
Appeal
Primary locality
Carlow
County
Carlow

Summary

Krzysztof Wojtalski, a 37-year-old resident of Newtown, Co Carlow, has lost his appeal against sentence for cultivating cannabis. Wojtalski, who pleaded not guilty, was found guilty by a jury of cultivation and possession of cannabis for supply following a search of his property on April 16, 2015. Gardaí discovered an elaborate bunker under a pig shed containing 30 mature and 115 immature plants, valued at €32,000. Although Wojtalski claimed the plants were hemp for personal use, the Court of Appeal noted he was described as having an attachment to cannabis. The sentencing judge had imposed a four-year prison term, reducing a five-year headline sentence to account for a skin condition. The judge highlighted that Wojtalski had previously received suspended sentences for similar offences in Ireland and had also offended in Poland, indicating that prior penalties did not dissuade him from further offending. President of the Court of Appeal, Mr Justice George Birmingham, sitting with Mr Justice John Edwards and Ms Justice Isobel Kennedy, dismissed the appeal. The court held that the four-year sentence fell within the available range and that the one-year reduction sufficiently reflected mitigating factors. The appeal was therefore dismissed, leaving the original sentence intact.

Who, what, where, when and why

What: Report matter: "Committed" cannabis grower loses sentence appeal. Charges or matters: the charges, told Carlow Circuit Criminal Court that their client was "committed" to "what he sees as the benefits" of cannabis and was not going to "change his mind" or his "lifestyle". Procedural stage: appeal. Findings: Found guilty

When:

Case subjects

Krzysztof Wojtalski

Appellant

Charges: the charges, told Carlow Circuit Criminal Court that their client was "committed" to "what he sees as the benefits" of cannabis and was not going to "change his mind" or his "lifestyle" (Proven)

Plea: Not guilty

Finding: Found guilty

Outcome: Found guilty; On each occasion, he had been given a suspended sentence, but that did not "dissuade" Wojtalski from further offending. Mr Justice Birmingham, who sat with Mr Justice John Edwards and Ms Justice Isobel Kennedy, said the sentence imposed fell within the range available and dismissed the appeal.

Places mentioned

Residence
Court Venue
  • Carlow
  • Carlow Circuit Criminal Court
  • Court of Appeal

Topics

Drugs Stage Appeal

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