Adrian Lubecki sentenced for supplying drugs

12/03/2015

At Ipswich Crown Court today a man was sentenced to five years and four months in jail after admitting supplying drugs of a type which are believed to be linked to the deaths of two men in Suffolk.

Adrian Lubecki, 19, had earlier admitted offences of being concerned in the supply of Class A controlled drugs (PMMA or Para-Methoxymethamphetamine), and possession with intent to supply a Class B drug (amphetamine), at a hearing in January 2015.

Prosecuting lawyer for the Crown Prosecution Service in the East of England, Paul Scothern said: It is believed that  two men, aged 22 and 24, died during the Christmas and New Year period as a result of taking ecstasy tablets which had a distinctive superman-style "S" logo on them.

"We are satisfied on the evidence presented to us by Suffolk Police that Adrian Lubecki is responsible for supplying drugs of this description to the male who died on 24 December 2014; and of possessing amphetamine with intent to supply at the time of his arrest on 2 January 2015.

"Consideration was given as to whether any additional charges should be brought against Mr Lubecki in relation to the death of the person to whom he supplied the relevant drugs. However, the current law is clear: in circumstances where a person supplies drugs or materials to another, who then freely and voluntarily administers that drug to themselves in consequence of which they die, it is not appropriate to charge the person supplying with an offence of unlawful act manslaughter.

"The supply of these drugs has had very sad and tragic consequences for these two young men and their families and is a warning of the dangers that people face when they take drugs."

Suffolk Police investigated the deaths of two men in Ipswich which were believed to be drugs related and it was revealed they had both bought ecstasy tables with a superman- style S logo on them shortly before they died; the first on Christmas Eve and the second on New Year's Day.

Lubecki was identified by police as the man who had sold drugs in connection with the first death and he was arrested and subsequently charged on 4 January 2015 following advice from the CPS. The police investigation to identify the person who supplied the drugs on New Year's Eve continues.

Mr Scothern added: "This case sends a clear message to those concerned in the supply of illegal substances that we are fully committed to prosecuting these cases rigorously through the courts. Be warned that where the evidence is available and it is in the public interest, you will face prosecution and the risk of imprisonment."

NOTE TO EDITORS

1. The CPS legal guidance on Homicide: Murder and Manslaughter says:

Cases where Death Results from the Unlawful Supply of Drugs
No "unlawful act" for the purpose of unlawful act manslaughter occurs, where a person only supplies drugs or materials to another, who then in turn administers the drug to himself and dies. This is the case even where a person assists another to take the drug by performing preparatory acts, such as applying a tourniquet or preparing a syringe for injection.
The House of Lords considering the point, stated that the criminal law generally assumed the existence of free will and, subject to certain exceptions, informed adults of sound mind were treated as autonomous beings able to make their own decisions on how to act: R v Kennedy (Simon) (2007) 3 W.L.R. 612 where K supplied the drug to B, who then had a choice, knowing the facts, whether to inject himself or not.