AG v O'Brien, Edmond-O'Brien, Dunne, David Lloyd and Carol Lloyd

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Sir Richard Tucker,Jurats de Veulle,Rumfitt,Le Brocq,Tibbo,Le Breton,Allo
• Judgment Date: 30 July 2003
• Neutral Citation: [2003] JRC 137A
• Date: 30 July 2003

[2003] JRC 137A

ROYAL COURT

(Samedi Division)

Before:

Sir Richard Tucker, Commissioner and Jurats de Veulle, Rumfitt, Le Brocq, Tibbo, Le Breton and Allo.

The Attorney General

and

Michael O'Brien

Yvonne Katina Edmond-O'Brien

Michael Joseph Dunne

David Jarman Lloyd

Carol Ann Lloyd

S.M. Baker, Esq., Crown Advocate;

Advocate R. Tremoceiro for Michael O'Brien;

Advocate D. Gilbert for Yvonne Katina Edmond-O'Brien;

Advocate M.L. Preston for Michael Joseph Dunne;

Advocate R. Juste for David Jarman Lloyd and Carol Ann Lloyd.

No Authorities

Sentencing by the Superior Number of the Royal Court, to which the Defendants, with the exception of Michael O'Brien, were remanded for sentence, following conviction by the Inferior Number on 5th June, 2003, as follows (Michael O'Brien was remanded for sentence following a guilty plea entered on 13 ^th December, 2002:

Michael O'Brien (on a separate indictment)

2 counts of: Transferring the proceeds of criminal conduct, contrary to Article 16A(1)(b) of the Drug Trafficking Offences (Jersey) Law 1988 (counts 1 and 2).

Age: 56.

Plea: Guilty.

Details of Offence:

One count relating to the deposit of the proceeds of Michael O'Brien's drug trafficking into a number of clearing banks in Jersey in sums in excess of £1.6 million.

A second count relating to the payment of the proceeds of Michael O'Brien's drug trafficking from a number of clearing banks in Jersey by Michael O'Brien to Michael Joseph Dunne, David Jarman Lloyd and Carol Ann Lloyd by way of cheque in sums in excess of £1.6 million.

Details of Mitigation:

Michael O'Brien had previously pleaded guilty to the charges of drug trafficking in the United Kingdom and been sentenced to a six year prison sentence. Michael O'Brien had served the required portion of that sentence. Confiscation proceedings had failed in the United Kingdom. The failure of those proceedings had been the trigger for the prosecution in Jersey. The Crown only wished to prosecute Michael O'Brien in order to confiscate his assets. Michael O'Brien had previously served a term of imprisonment for the drug trafficking and should not be sentenced to a further term. Michael O'Brien had pleaded guilty to the charges against him. He was a 56 year old father of one child who before becoming involved in drug trafficking had been of positive good character.

Previous Convictions:

19/11/99 Portsmouth Crown Court

i) Conspiracy to supply a Class A Drug, MDMA, between 01.01.97 – 31.09.98. Misuse of Drugs Act 1971 s.4(3)(a).	Imprisonment 6 years.
ii) Conspiracy to supply a Class B Drug, Cannabis Resin, between 01.01.97 – 31.08.98. Misuse of Drugs Act 1971 s.4(3)(a).	Imprisonment 3 years, concurrent.
iii) Conspiracy to supply a Class B Drug, Amphetamine, between 01.01.97 – 31.08.98. Misuse of Drugs (Jersey) Law 1978 of Drugs Act 1971 s.4(3)(a).	Imprisonment 3 years, concurrent.
iv) Conspiracy to supply a Class A Drug, MDMA, between 01.01.96 – 31.12.97. Misuse of Drugs (Jersey) Law 1978 of Drugs Act 1971 s.4(3)(a).	Imprisonment 6 years, concurrent.
v) Conspiracy to supply a Class B Drug, Cannabis Resin, between 01.01.96 – 31.12.97. Misuse of Drugs Act 1971 s.4(3)(a).	Imprisonment 3 years, concurrent.
vi) Conspiracy to supply a Class B Drug Amphetamine between 01.01.96 – 31.12.97. Misuse of Drugs (Jersey) Law 1978 of Drugs Act 1971 s.4(3)(a).	Imprisonment 3 years, concurrent.
vii) Possession with intent to supply a Class A Drug, Diamorphine between 01.01.97 – 31.08.98. Misuse of Drugs Act 1971 s.5(3).	Imprisonment 6 years, concurrent.
viii) Possession with intent to supply a Class B Drug, Cannabis Resin between 01.01.97 – 31.08.98. Misuse of Drugs Act 1971 s.5(3).	Imprisonment 3 years, concurrent.

Conclusions:

Count 1: 3 years' Probation Order.

Count 2: 3 years' Probation Order.

Confiscation Order: £2,703,129 or 10 years' imprisonment in default of payment.

Sentence and Observations of Court:

Count 1: 4 years' imprisonment.

count 2: 4 years' imprisonment, concurrent.

Confiscation Order: £2,703,129 or 10 years' imprisonment in default of payment.

Yvonne Katina Edmond-O'Brien.

1 count of: Assisting another to retain the benefit of drug trafficking, contrary to Article 17(1)(a) of the Drug Trafficking Offences (Jersey) Law 1988 (count 1).

Age: 54.

Plea: Convicted on 5 ^th June, 2003, on a Not Guilty plea.

Details of Offence:

One count relating to the deposit of the proceeds of Michael O'Brien's drug trafficking into a number of clearing banks in Jersey in sums in excess of £1.6 million.

Details of Mitigation:

Yvonne Edmond-O'Brien was of previous good character. She was the wife of Michael O'Brien and the mother of their one child. The investigation into her husband's drug trafficking and later into her money laundering had taken place over a very long time and as such had taken a considerable toll on the mental and physical health of both her and her daughter.

Previous Convictions:

None.

Conclusions:

12 year starting point.

Count 1: 9 years' imprisonment.

Confiscation Order: £505,028 or 5 years' imprisonment in default of payment.

Sentence and Observations of Court:

Count 1: 7 years' imprisonment.

Confiscation Order: £505,028 or 5 years' imprisonment in default of payment.

Michael Joseph Dunne

1 count of: Assisting another to retain the benefit of drug trafficking, contrary to Article 17(1)(a) of the Drug Trafficking Offences (Jersey) Law 1988 (count 2).

2 counts of: Assisting another to retain the benefit of drug trafficking, by using the proceeds to acquire property by way of investment, contrary to Article 17(1)(b)(ii) of the Drug Trafficking Offences (Jersey) Law 1988 (counts 5 & 6).

Age: 56.

Plea: Convicted on 5 ^th June 2003 on a Not Guilty plea.

Details of Offence:

One count relating to the receipt of the proceeds of Michael O'Brien's drug trafficking from a number of clearing banks in Jersey by way of cheque in sums in excess of £1.3 million. Two counts relating to the investment of the proceeds into two separate properties. The first related to the purchase of an apartment in Andorra. The second related to the purchase of The Pelican Inn, upon which David and Carol Lloyd were also charged.

Details of Mitigation:

Upon his arrest Michael Dunne voluntarily returned from Andorra to face trial in Jersey. He had spent 12 months' remanded into custody awaiting trial. Given the Crown's conclusion in relation to Michael O'Brien the starting point against Michael Dunne was too high and should be lowered.

Previous Convictions:

1) 27.04.59. Birmingham Juvenile Court. i) Theft. Theft Act 1968 s.1. 1 Offence TIC. ii) Burglary with intent to steal. Theft Act 1968 s.9(1)(a). 2) 23.05.60. Birmingham Juvenile Court. Theft. Theft Act 1968 s.1. 3) 05.12.62. Birmingham Magistrates' Court. Loitering. Vagrancy Act 1824 s.4. 4) 23.12.63. Birmingham Juvenile Court. Dangerous Driving. Road Traffic Act 1962 s.2. 5) 11.02.65. Hereford City Quarter Sessions. i) Burglary and theft. Theft Act 1968 s.9(1)(b). ii) Possessing a Firearm whilst committing a Schedule 1 Offence. Firearms Act 1968 s.17(2). iii) Taking a conveyance. Theft Act 1968 s.12(1). 17 offences TIC 6) 08.01.68. Birmingham City Quarter Sessions. Burglary and Theft. Theft Act 1968 s.9(1)(b). 1 offence TIC. 7) 13.02.70. Birmingham Assizes. Wounding with intent. Offences Against the Person Act 1861 s.18. 8) 28.10.74. Birmingham Magistrates' Court. Wounding, Offences Against the Person Act 1861 s.20. 9) 08.10.78. Birmingham Crown. i) Criminal Damage. Criminal Damage Act 1971 s.1 (1) ii) Wounding. Offences Against the Person Act 1861 s.20. Probation Order 1 year. Absolute Discharge. Probation Order 1 year. Fine £5.00. Fine £10.00 disqualified, 6 months. Borstal Training. Borstal Training. Disqualified, 3 years Borstal Training. Imprisonment 30 Months. Conditional discharge 12 months. Imprisonment 6 months' suspended 2 years. Imprisonment 9 months' concurrent. Suspended 2 years, compensation £62.50,

Conclusions:

12 year starting point.

Count 2: 11 ¹/₂ years' imprisonment.

Count 5: 11 ¹/₂ years' imprisonment.

Count 6: 11 ¹/₂ years' imprisonment.

All concurrent.

Confiscation Order: £468,028 or 5 years' imprisonment in default of payment.

Sentence and Observations of Court:

Count 2: 9 years' imprisonment.

Count 5: 9 years' imprisonment.

Count 6: 9 years' imprisonment.

All concurrent.

Confiscation Order: £468,028 or 5 years' imprisonment in default of payment.

David Jarman Lloyd

1 count of: Assisting another to retain the benefit of drug trafficking, contrary to Article 17(1)(a) of the Drug Trafficking Offences (Jersey) Law 1988 (count 4).

1 count of: Assisting another to retain the benefit of drug trafficking, by using the proceeds to acquire property by way of investment, contrary to Article 17(1)(b)(ii) of the Drug Trafficking Offences (Jersey) Law 1988 (count 6).

Age: 60.

Plea: Convicted on 5 ^th June, 2003, following a Not Guilty plea.

Details of Offence:

One count relating to the receipt of the proceeds of Michael O'Brien's drug trafficking from a number of clearing banks in Jersey by way of cheque in sums in excess of £1.3 million. A second count relating to the investment of the proceeds by way of the purchase of The Pelican Inn, upon which Michael Dunne and Carol Lloyd were also charged.

Details of Mitigation:

Not yet sentenced.

Previous Convictions:

1) 16.07.63. Shropshire Assizes. Receiving Stolen Goods. Common Law. 2) 05.08.65. Ringwood & Fordingbridge Magistrates. Burglary and Theft. Theft Act 1968 s.9(1)(b). 1 offence TIC. 3) 17.04.70. Jersey Magistrates' Court. i) Defective tyre. ii) Driving without due care. 4) 29.06.79. Jersey Magistrates' Court. Exceeding the speed limit. 5) 03.07.86. Royal Court of Jersey. i) Forgery. Common Law. ii) Uttering/obtaining. Common Law 6) 22.10.02. Cambridge Magistrates' Court. Driving with Excess...