Caselaw Digest
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Justas Bieksa v R

[2023] EWCA Crim 1405
A man was jailed for nine years for selling illegal drugs online. He tried to get his sentence reduced because he's been a good prisoner and because of Covid-19. The judge said the original sentence was fair and that good behaviour after sentencing doesn't change that. The Covid argument didn't work either because he was sentenced before the pandemic.

Key Facts

  • Justas Bieksa pleaded guilty to several drug trafficking and customs offenses in November 2019.
  • He was sentenced to 9 years imprisonment (various concurrent sentences for different offenses).
  • Bieksa operated under the name 'UKchemSale' on the dark web, selling Class A and B drugs internationally using Bitcoin.
  • The National Crime Agency (NCA) conducted an undercover operation, making a test purchase and tracing the packages back to Bieksa.
  • Bieksa's operation involved significant quantities of drugs, sophisticated methods, and international distribution.
  • Bieksa claimed he acted under compulsion due to debt.
  • Bieksa's subsequent good behavior in prison was presented as a factor for sentence reduction.
  • The initial application for leave to appeal was refused by a single judge.

Legal Principles

The Court of Appeal will only interfere with a sentence if it is wrong in principle or manifestly excessive.

R v Waddingham (1983) 5 Cr App R (S) 66 at page 69

Post-sentencing good behaviour is not a ground for sentence reduction.

R v Waddingham (1983) 5 Cr App R (S) 66 at page 69

The impact of Covid-19 on prisoners' conditions is not a basis for appeal in cases pre-dating the pandemic.

R v Manning [2020] EWCA Crim 592

Outcomes

The application for an extension of time to appeal and the appeal itself were refused.

The sentence was not wrong in principle or manifestly excessive. The applicant's post-sentencing good behaviour is not a ground for appeal. The proposed new ground based on the Covid-19 pandemic was inapplicable.

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