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Jersey Unreported Judgments
You are here: BAILII >> Databases >> Jersey Unreported Judgments >> AG -v- Begley and Fiszer [2016] JRC 123 (18 July 2016)
URL: http://www.bailii.org/je/cases/UR/2016/2016_123.html
Cite as: [2016] JRC 123
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Before : |
T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Fisher, Nicolle, Crill, Olsen, Ramsden and Ronge |
The Attorney General
-v-
Keiron Michael Begley
Marcin Oktawian Fiszer
Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 15th April, 2016, following guilty pleas to the following charges:
Kieron Michael Begley
|
1 count of: |
Possession of a controlled drug, with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 4). |
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1 count of: |
Supply of a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 5). |
|
1 count of: |
Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 6) |
Age: 23.
Plea: Guilty.
Details of Offence:
On Saturday 19th December, 2015, Fiszer arrived in Jersey on board the Condor ferry from St Malo. Fiszer met with Begley and they travelled to a flat in Le Marais who was usually occupied by a friend of Begley's who at that time was out of the Island, his flights having been booked and paid for by Begley.
On Sunday 20th December, 2015, Fizser and Begley were observed together at the Le Marais Flat. Later that day Begley met an unknown male and was seen to pass him a small white package. Begley met the same man on Wednesday 23rd December, 2015, and was observed walking down a small alleyway before they parted company. On Tuesday 22nd December, 2015, Begley was observed meeting another unknown male, walking down a side alleyway for a few moments.
On Wednesday 23rd December, 2015, Begley returned to the Le Marais flat. He left with Fiszer and they were both stopped and arrested on suspicion of being concerned in the importation of a controlled drug. Begley admitted to officers that he had cocaine in his sock, on analysis this was 53 grams (Count 4). The package was forensically analysed and a fingerprint from Fiszer was found on the wrappings. When the Le Marais flat was searched a further 97 grams of cocaine was seized (Count 2). Also seized from the flat was £3,530, 860 zloty and $1,750. In custody £196 was seized from Begley and £133 from Fiszer.
In interview Begley admitted that he had previously been supplied with 25 grams of cocaine by Fiszer which he had sold, then giving the money to Fiszer (Count 5). Fiszer was not cooperative in interview.
Details of Mitigation:
Guilty plea, genuine remorse, support of partner and family, good working record.
Previous Convictions:
None.
Conclusions:
Starting point 10 years' imprisonment.
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Count 4: |
6 years' imprisonment. |
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Count 5: |
6 years' imprisonment, concurrent. |
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Count 6: |
1 week's imprisonment, concurrent. |
Total: 6 years' imprisonment.
Confiscation Order sought in the sum of £196.
Forfeiture and destruction of the drugs sought.
Sentence and Observations of Court:
Starting point 10 years' imprisonment.
|
Count 4: |
5½ years' imprisonment. |
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Count 5: |
5½ years' imprisonment, concurrent. |
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Count 6: |
1 week's imprisonment, concurrent. |
Total: 5½ years' imprisonment.
Confiscation Order made in the sum of £196.
Forfeiture and destruction of the drugs ordered.
Marcin Oktawian Fiszer
|
1 count of: |
Possession of a controlled drug, with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 2). |
|
1 count of: |
Supply of a controlled drug, contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Count 3). |
Age: 39.
Plea: Guilty.
Details of Offence:
See Begley above.
Details of Mitigation:
Guilty plea.
Previous Convictions:
Fiszer has a previous conviction in Jersey for possession of a controlled drug in 2010, at which time he was known as Marcin Oprych. He also has a previous conviction in Poland for possession of a 'considerable amount' of narcotic drugs or psychotropic substances in 2008. He was sentenced to 1 year's imprisonment which was suspended. No further details of the offence are available.
Conclusions:
Starting point 11 years' imprisonment.
|
Count 2: |
7½ years' imprisonment. |
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Count 3: |
7½ years' imprisonment, concurrent. |
Total: 7½ years' imprisonment.
Confiscation Order sought in the sum of £4,942.27.
Forfeiture and destruction of the drugs sought.
Recommendation for deportation sought.
Sentence and Observations of Court:
Starting point 11 years' imprisonment.
|
Count 2: |
7½ years' imprisonment. |
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Count 3: |
7½ years' imprisonment, concurrent. |
Total: 7½ years' imprisonment.
Confiscation Order made in the sum of £4,942.27.
Forfeiture and destruction of the drugs ordered.
Recommendation for deportation made.
R. C. P. Pedley, Esq., Crown Advocate.
Advocate R. A. Leeuwenburg for Begley.
Advocate J. M. Grace for Fiszer.
JUDGMENT
THE DEPUTY BAILIFF:
1. You are each to be sentenced today for one count of possession with intent to supply cocaine and one count of supply of that drug and in your case, Begley, you also fall to be dealt with for one count of possession of a small amount cannabis. We deal first with the confiscation which is not opposed by you and you have indicated as much through counsel. Accordingly Fiszer we declare that you have benefitted to the extent of £12,000 and we order confiscation in the sum of £4,942.27. Begley, we declare that you have benefitted to the extent of £6,240 and order confiscation in the sum of £196.
2. Fiszer, we allow you credit for your guilty plea although there was strong evidence against you but as far as we can determine, there is little other that may be said on your part by way of mitigation. You do not have a good record and you were not initially cooperative, although, as I say, we take into account your guilty plea.
3. Begley, you also have the benefit of a guilty plea, although there was strong evidence against you as well. We have read the letters that you have written and have been sent on your behalf and they speak well of you. We accept that you feel genuine remorse and we also note that you are clearly a hard worker. We are asked to consider a non-custodial disposal in your case but the Court's policy in connection with these matters is entirely clear and long-standing and it will require very exceptional circumstances for us to depart from that policy and deal with this other than by way of custody and no such circumstances exist in your case.
4. It is often the case that when people commit serious criminal offences, innocent third parties suffer. Sometimes it is wives or girlfriends or children or parents. Far from being exceptional, it is often the norm and you would have been perfectly aware of your responsibilities when you decided to commit these criminal offences.
5. Accordingly, Fiszer, we agree, as we have said, with the starting point of 11 years and we think that the conclusions of the Crown are correct and you are sentenced to 7½ years' imprisonment in connection with Count 2 and Count 3, both concurrent, making a total of 7½ years' imprisonment.
6. Begley, we think that the starting point urged by the Crown is also correct but we think that a small additional allowance can be made to you by way of personal mitigation and accordingly we sentence you to 5½ years' imprisonment in respect of Counts 4 and 5 and I week's imprisonment for cannabis in connection with Count 6, all to run concurrently, making a total of 5½ years' imprisonment.
7. Turning to the issue of deportation you do not oppose this Fiszer and we have kept in mind the principles in the case of Camacho-v-AG [2007] JCA 145 it is clear those tests are amply met in this case and we will recommend deportation at the end of your sentence.
8. Lastly we order the forfeiture and destruction of the drugs.
Authorities