Plowens v Regional Court in Poznan, Poland
2014
ADMINISTRATIVE COURT
UK
CORAM
- MR JUSTICE COLLINS
Areas of Law
- Extradition Law
- Criminal Law and Procedure
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The case involved an appeal against extradition to Poland for two convictions (robbery and motor vehicle damage). The appeal was dismissed on grounds that personal hardships and good behavior in the UK did not outweigh the legal basis for extradition.
J U D G M E N T
MR JUSTICE COLLINS: This is an appeal under section 26 of the Extradition Act 2003 against the decision of District Judge Purdy given on 21 August 2014 to order the appellant's extradition to Poland under an extradition warrant relating to two convictions. The first was on 29 September 2005, when for an offence of robbery he was sentenced to 2 years' imprisonment which was conditionally suspended for a period of 4 years; and secondly, a sentence of 5 months' imprisonment imposed on 21 February 2008 suspended for a period of 3 years, for an offence of damage to a motor car.
The robbery was undoubtedly a very serious matter. It involved, with another, breaking into a flat occupied by the victim and using what is described as violent force against her by holding her by her throat and hair, pushing her down and demanding that she hand over money. The flat was then ransacked and a computer was stolen, together with cash from the victim. As I say, it is difficult to see that that would result in other than a substantial prison sentence if committed within this jurisdiction. On one view, the appellant was exceedingly fortunate to receive a suspended sentence. The second offence was, as I have said, causing damage when he and another, he says, when they were drunk broke the side rear view mirrors of a vehicle thus obviously causing damage, apparently to an amount totalling something in the order of over 400 zlotys.
The offences are quite old, but what happened was that the decision was made, following the conviction for the second offence, to impose the sentence in relation to the first and indeed the second itself, so that in 2008 it was decided by the Polish court that he should serve the sentences which had been suspended. However, in the knowledge, as he accepts, of that, he decided to leave Poland and come to this country. He indicates that his motive for so doing was not only obviously to avoid the execution of the sentence but because he had family difficulties. As he puts it, the situation at that time was tragic because his mother had cancer, his father was unable to do other than obtain loans to cover her treatment, the situation became worse, they had no money, and so he decided to leave the country to work in order to provide money to manage to have his mother treated. Indeed, it is plain that he has worked since he has been in this country. He has produced material from his employer, which shows that he has been a very good employee