Superior Number Sentencing - Removing the proceeds of criminal conduct from jurisdiction - possession of criminal property - drugs - supply - possession - Class B

[2020]JRC157

Royal Court

(Samedi)

4 August 2020

Before     :

T. J. Le Cocq, Esq., Bailiff, and Jurats Blampied, Ramsden and Hughes.

The Attorney General

-v-

Benjamin Robert Hagin

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 15^th May, 2020, following a guilty plea to the following charges:

6 counts of:	Removing criminal property from Jersey, contrary to Article 31(1)(d) of the Proceeds of Crime (Jersey) Law 1999 (Counts 1 to 4, Count 6 and Count 11).
5 counts of:	Offering to supply a controlled drug to another contrary to Article 5(b) of the Misuse of Drugs (Jersey) Law 1978 (Counts 5, 7, 8, 9, and 10).
1 count of:	Possession of criminal property, contrary to Article 30(1)(c) of the Proceeds of Crime (Jersey) Law 1999 (Count 12)
1 count of:	Possession of a controlled drug contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 13).

Age:  25.

Plea: Guilty. 

Details of Offence:

On Sunday 7^th April, 2019, a warrant issued under the Misuse of Drugs (Jersey) Law 1999, was executed at the defendant’s home address (the “flat”).  The Police searched the flat and seized a number of items, including, cannabis resin, drug grinders, weighing scales, a postal receipt, a deal book and sheets, £2,690 in cash and a package containing £10,000 in cash addressed to a Jonathan Metcalf in Liverpool (Count 12).

 

The defendant was arrested on suspicion of being concerned in the supply of cannabis, on suspicion of money laundering and on suspicion of being in possession of controlled drugs.

 

A second search of the flat was carried out on 7^th April, 2019, and a number of further items were seized, including cannabis, deal lists with figures and initials, a deal list, one Jersey Post receipt, one notebook of names and figures (“the Ledger”) and one Post Office receipt.  The total weight of cannabis resin seized from the defendant’s flat was 3.819 grams (Count 13).

 

On 9^th April, 2019, Lancashire Police intercepted a package addressed to William Strangeway (Exhibit NJB/5094/01).  This package was found to contain £10,810 (Count 11).

 

Drug expert reports were prepared which detailed the following money laundering offences as evidenced in the ledgers belonging to the Defendant:

 

a.      On 4^th December, 2018, the defendant packaged up £10,000 to be sent to the UK. (Count 1).

b.      On 15^th January, 2019, the defendant packaged up £10,500 to be sent to the UK (Count 2).

c.      On 31^st January, 2029, the defendant packaged up £1,980 to be sent to the UK. (Count 3).

d.      On 25^th February, 2019, the defendant packaged up £10,500 to be sent to the UK. (Count 4).

e.      On 12^th March, 2019, the defendant packaged up £10,000 to be sent to the UK. (Count 6).

f.       On 3^rd April, 2019, the defendant packaged up £10,810 to be sent to the UK. (Count 11).

 

On 8^th April, 2019, the mobile phones seized from the defendant’s flat were submitted for examination. The defendant was engaged in a number of conversations with five separate individuals offering to supply them with cannabis (Counts 5, 7, 8, 9 and 10)

Details of Mitigation:

Guilty plea, cooperative in interview. 

Previous Convictions:

7 previous convictions for 21 offences, including possession of cannabis (2010) and importation of cannabis (2013). 

Conclusions:

Count 1:	Starting point 5 years’ imprisonment.  3 years’ imprisonment.
Count 2:	Starting point 5 years’ imprisonment.  3 years’ imprisonment, concurrent to Count 1.
Count 3:	Starting point 5 years’ imprisonment.  3 years’ imprisonment, concurrent to Count 1.
Count 4:	Starting point 5 years’ imprisonment.  3 years’ imprisonment, concurrent to Count 1.
Count 5:	12 months’ imprisonment, consecutive to Count 1.
Count 6:	Starting point 5 years’ imprisonment.  3 years’ imprisonment, concurrent to Count 1.
Count 7:	12 months’ imprisonment, concurrent to Count 5.
Count 8:	12 months’ imprisonment, concurrent to Count 5.
Count 9:	12 months’ imprisonment, concurrent to Count 5.
Count 10:	12 months’ imprisonment, concurrent to Count 5.
Count 11:	Starting point 5 years’ imprisonment.  3 years’ imprisonment, concurrent to Count 1.
Count 12:	Starting point 5 years’ imprisonment.  3 years’ imprisonment, concurrent to Count 1.
Count 13:	No separate penalty.

Total:  4 years’ imprisonment. 

Declaration of benefit sought in the sum of £4,440.

Confiscation Order sought in the nominal sum of £1.

Forfeiture and destruction of the drugs sought. 

Sentence and Observations of Court:

Conclusions granted. 

C. R. Baglin Esq., Crown Advocate.

Advocate J-A. Dix for the Defendant. 

JUDGMENT

THE Bailiff:

1.         We make a declaration of benefit in the sum of £4,440 and a nominal confiscation order in the sum of £1 which is not contested. 

2.        We will give reasons for this decision in due course, but we agree with the conclusions of the Crown and accordingly you are sentenced as the Crown has proposed specifically:

(i)        Count 1, from a starting point of 5 years’, 3 years’ imprisonment.

(ii)       Count 2 from a starting point of 5 years’, 3 years’ imprisonment.

(iii)      Count 3 from a starting point 5 years’, 3 years’ imprisonment.

(iv)      Count 4 from a starting point 5 years, 3 year’s imprisonment, all of those concurrent with Count 1.

(v)       Count 5, 12 months’ imprisonment consecutive to Count 1.

(vi)      Count 6, starting point of 5 years’ 3 years imprisonment, concurrent to Count 1.

(vii)     Count 7, 12 months’ imprisonment, concurrent to Count 5.

(viii)    Count 8, 12 months’ imprisonment, concurrent to Count 5.

(ix)      Count 9, 12 months’ imprisonment, concurrent to Count 5.

(x)       Count 10, 12 months’ imprisonment, concurrent to Count 5.

(xi)      Count 11, from a starting point of 5 years’ imprisonment, 3 years’ imprisonment, concurrent to Count 1.

(xii)     Count 12 starting point 5 years’, 3 years imprisonment, concurrent to Count 1.

(xiii)    Count 13, no separate penalty.

Making a total of 4 years’ imprisonment.

3.        We order the forfeiture and destruction of the drugs.

Authorities

Proceeds of Crime (Jersey) Law 1999

Campbell v AG [1995] JLR 136. 

Rae v AG [2017] JCA 197. 

AG v Gilbraith and Rawlinson [2017] JRC 155. 

AG v Rae and Spinola [2017] JRC 080. 

AG v Whelan, Grace and Robinson [2017] JRC 040B. 

AG v Fish and Hinds [2016] JRC 181A. 

AG v Goodwin [2016] JRC 165.