The solicitor for a young man who appeared in court on a drugs charge criticised the magistrates' "appalling" decision as his client begged to avoid jail.

Dominik Pietka returned to Swindon Magistrates Court on Wednesday and pleaded guilty to possession of cannabis and cannabis resin on July 3, 2024.

The 24-year-old's representative Luke Jameson outlined the steps that the Whitworth Road resident had taken to turn his life around since his previous conviction in June and the probation service explained how he had struggled to comply with the requirements of his community order.

The three magistrates, chaired by David Green, discussed whether to extend Pietka's community order or send him behind bars - and their choice was not popular.

Abbie Winters, prosecuting, said the defendant had been arrested after officers received a tip-off from the public about a black Audi A3 driving around Swindon dealing cannabis.

Pietka was a passenger in this car and there was "a fist-sized bag" containing 31 grams of the Class B drug in the footwell which he claimed was for personal use only.

He had previously received a 16-week prison sentence that was suspended for 12 months. This was extended to 18 months after he breached his community order.

A probation representative said that "he presents as a chaotic young man" who has missed appointments or turned up to them late, and still has 200 hours of unpaid work to complete.

Committing another offence during the period of a suspended sentence usually activates it, but Mr Jameson hoped to persuade magistrates that jail time would do more harm than good.

He said: "He's really trying his best to move on. He does not want to appear in court again. There is no evidence that he was involved in drug supply.

"He was sofa surfing, trying to make his way. I have sympathy for him. He has a lot of mental health issues and [attempted suicide].

"He would lose his accommodation if this sentence was activated. One of his late attendances to probation was by just three minutes - he uses public transport to get there, these things happen."

As magistrates jailed Pietka for 16 weeks, the defendant said: "I'm doing a lot better now, I've got a job lined up and everything."

Mr Green, bench chair, replied: "That's good to hear but you were told that if you breach [the order] you were likely to have that activated."

Pietka said: "I could not go to my last two appointments because I was stabbed.

"I begged my probation worker to get me out of [my previous address] because I was getting dragged into things I did not want to be involved in.

"It took me [attempting suicide] for them to move me."

Mr Green added: "You must take some personal responsibility. You cannot rely on probation to sort your life out for you, you must engage with them to get that help and you did not engage with them."

The young man in the dock responded: "I struggle to engage because of my mental health, I struggle to talk about my problems."

Two guards entered the dock to handcuff the defendant and bring him down to the cells.

Mr Jameson told the chair of magistrates that this was "an appalling decision, sir", adding: "He has lost his accommodation and his job now.

"I fear for his wellbeing when he comes out of prison."

Mr Green replied: "Thank you, you have the right to appeal."

Anyone struggling with suicidal thoughts or other mental health issues can contact the Samaritans on 116 123 or visit www.samaritans.org

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