AG v Brennan

JurisdictionJersey
CourtRoyal Court
JudgeBailiff
Judgment Date16 December 2016
Neutral Citation[2016] JRC 234
Date16 December 2016

[2016] JRC 234

ROYAL COURT

(Samedi)

Before:

T. J. Le Cocq, Esq., Deputy Bailiff, and Jurats Nicolle and Thomas

The Attorney General
and
Carl Roy Brennan

R. C. P. Pedley, Esq., Crown Advocate.

Advocate M. P. Boothman for the Defendant.

Authorities

Criminal Justice (Forfeiture Orders)(Jersey) Law 2001.

Police Force (Disposal of Property)(Jersey) Regulations 1975.

AG v Turney [2016] JRC 175 .

AG v Goodwin [2016] JRC 165 .

AG v Cleaver [2016] JRC 080 .

AG v Adam [2015] JRC 215 .

Inferior Number Sentencing — attempting to remove criminal property from the jurisdiction.

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

1 count of: Attempting to remove criminal property from Jersey, contrary to Article 31(1)(d) of the Proceeds of Crime (Jersey) Law 1999 (Count 1).

Age : 44.

Plea: Guilty.

Details of Offence:

The defendant travelled to Jersey on 15 th June, 2016 to answer customs bail in relation to an offence of importing 0.56 grams of cocaine on 14 th May, 2016. He was subsequently charged and bound over to leave the Island by the Magistrate's Court. The defendant was stopped leaving the Island and declared that he had £400 cash in his pocket but did not have anything else to declare. The vehicle the defendant was driving was searched and a wash bag was found concealed in the spare wheel well of the car. It contained £11,660. The defendant claimed that this money was winnings from a bet he had placed. Trial dates were set. Further investigations took place and following a ruling from the trial Judge, Commissioner Pitchers, in relation to admissibility of background evidence the defendant entered a guilty plea on a basis that he had agreed to take the money out of the Island in return for a payment of £500.

Details of Mitigation:

Guilty plea.

Previous Convictions:

42 offences including violence, fraud, theft and drug-related offences.

Conclusions:

Count 1: 2 years' imprisonment.

Forfeiture sought of the money seized.

Costs sought towards the prosecution £511.

Sentence and Observations of Court:

Count 1: 12 months' imprisonment.

Forfeiture ordered of the monies seized.

No costs order made.

Bailiff

THE DEPUTY

1

You are to be sentenced in relation to one count of attempting to remove criminal property from Jersey. We do not need to set out the facts of this matter; they have been amply explored by the Crown in the submissions before us today. You have pleaded guilty and you have offered a basis for that plea which the Crown has...

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