A cigarette fraudster was almost sent to prison after a sheriff miscalculated how much she could have made from knock-off tobacco.
Sheriff Mark Thorley admitted he was considering imposing the maximum sentence on Kamila Malesza, which would have seen her sent to prison for a year.
He worked out the Stobswell woman had the potential to earn almost £30,000 selling fake fags after she was rumbled by police in January 2020.
They uncovered boxes of counterfeit Richmond and Mayfair cigarettes and pouches of Amber Leaf, Regal Kings and Golden Leaf tobacco from her home — all of which turned out to be counterfeit.
The Richmond cigarettes failed the required safety test for cigarettes.
Using the number of cigarettes found at the flat, he originally assumed she had the potential to make around £27,000.
After recalculation however, this was reduced significantly to £2,700 — but not before Sheriff Thorley told the court and Malesza’s lawyer he was considering a custodial sentence.
Police raid
The 38-year-old operated her illicit operation from her home, with her then partner.
Her mother Lilla originally appeared on the complaint but her not guilty pleas were accepted by the Crown earlier this year.
Fiscal depute Dev Kapadia told Dundee Sheriff Court: “A search warrant was executed by the police, during the course of which a number of tobacco items were found.
“Trading Standards were contacted in relation to these products.
“Fifty-five bags of Amber Leaf tobacco were found and 5,440 cigarettes were recovered.
“These were all counterfeit.
“Thereafter, checks were made on other items.
“All of the items were seized.”
Asked by third party
In mitigation, defence solicitor Alexandra Short said: “The reports go into detail, she had a partner at the time but she was supporting her son and daughter.
“Someone made her an offer to do this.
“She worked at the time as a cleaner.
“She tells me she sold them for less than £10.
“She has previously served four-and-a-half months for a cannabis conviction.
“She came to Scotland in 2008. She is not a prolific offender.”
Arithmetic mistake
Sheriff Thorley said: “The quantity is high.
“There could have been 2,700 packets sold at £10 a packet, which works out at roughly £27,000.
“This could lead to a maximum prison sentence of 12 months.”
Following discussion with Mr Kapadia and a court police officer — who advised the sheriff on the cost of a single 20-pack on the current market — Sheriff Thorley changed his figure.
“My apologies,” he said.
“The figure is £2,700.
“If the arithmetic was as first thought, it would have been a different outcome.
“It remains a very serious matter, although it is on summary complaint.
“It is available to me to impose a £10,000 fine and 12 months in prison.
“The broad value of cigarettes and quantity of tobacco adds some value to it but it is at a level I am convinced, just, that can be served as a community payback order.
“It is a direct alternative to custody.”
Malesza was ordered to carry out 180 hours of unpaid work in 12 months, reduced from 200 hours in light of her plea.
For the latest court cases across Tayside and Fife, join our Courts Facebook page.
