Appeal Court dismisses drug dealer’s bid for lower sentence

Tuesday 29 November 2016

A convicted drug dealer has had his appeal for his sentence to be reduced turned down by the Appeal Court.

In July, Marcus Octavian Fiszer was jailed for seven-and-a-half years for one count of possession of 97 grams of cocaine. His co-accused Kieron Begley, was imprisoned for six years.

Fiszer, a 39-year old Polish national, who is to be deported once his sentence is served, came to Jersey from St Malo last December and met Begley at a multi-story car park in Patriotic Street. The two had become friends on an earlier visit.

The men were put under surveillance and followed to a flat at La Marais. Customs officers arrested both men at the flat and found Fiszer to be in possession of the drugs as well as a set of electronic scales, cling film and around £5,000 in a variety of currencies.

Fiszer appealed against his sentence, claiming that it was excessive. He argued that there was a disparity between the sentence he received and the one for Begley, who was found in possession of 78 grams of cocaine.

Fiszer also claimed that he had been given insufficient credit for his guilty plea.

In declining his appeal, the Appeal Court said: “In the absence of any explanation in interview with the police, with the probation service or with his own lawyers, the Royal Court was entitled to operate on the assumption that the applicant (Fiszer) was the prime mover. He was the older man (39 years of age to Begley’s 23) and had been convicted of drugs offences in the past. But for his arrival in Jersey, the cocaine would not have entered the Island. The applicant maintained control over the main stock of drugs.  

“The applicant has told us he was not the organiser but acted jointly with Begley. This is a contention that could and should have been advanced before the sentencing court and it does not persuade us that the sentence imposed was wrong in principle or excessive.

“The applicant complains that he was not given full credit for his guilty pleas. The applicant declined to explain his role to the court. The sentence cannot be described as manifestly excessive on this ground.

“The applicant submits that his coeliac disease causes difficulty for him. There is no suggestion that the treatment provided (in prison) is not adequate. His illness did not prevent him committing offences. The applicant’s health does not provide any ground for a reduction in sentence.

“We consider the application against his sentence is unarguable and we dismiss it.”