AG -v- Begley and Fiszer [2016] JRC 123 (18 July 2016)

AG -v- Begley and Fiszer [2016] JRC 123 (18 July 2016)

Custodial sentences imposed due to seriousness of drug offences and absence of exceptional circumstances; confiscation ordered based on benefit from criminal conduct; deportation recommended for Fiszer as legal tests are met.

Citation
[2016] JRC 123
Parties
Defendant: Fiszer; Defendant: Begley; Prosecution: Crown
Jurisdiction
Jersey
Judgment Date
18 July 2016
Procedural Posture
Criminal / Sentencing
Outcome
Fiszer sentenced to 7.5 years' imprisonment; Begley sentenced to 5.5 years' imprisonment; confiscation orders made; deportation recommended for Fiszer; forfeiture and destruction of drugs ordered.
Legal Topics
Drug Offences, Confiscation, Deportation, Sentencing
Criminal Law Drug Offences Confiscation Deportation Sentencing

Case Brief

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Parties

Fiszer

Defendant

Begley

Defendant

Crown

Prosecution

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 possession with intent to supply cocaine
  2. 2 supply of cocaine
  3. 3 possession of cannabis

Ratio Decidendi

Custodial sentences imposed due to seriousness of drug offences and absence of exceptional circumstances; confiscation ordered based on benefit from criminal conduct; deportation recommended for Fiszer as legal tests are met.

Court Disposition

Fiszer sentenced to 7.5 years' imprisonment; Begley sentenced to 5.5 years' imprisonment; confiscation orders made; deportation recommended for Fiszer; forfeiture and destruction of drugs ordered.

Orders

  • Fiszer: 7.5 years' imprisonment (Counts 2 and 3, concurrent)
  • Begley: 5.5 years' imprisonment (Counts 4 and 5, concurrent), 1 week for cannabis (Count 6, concurrent)