AG v Fish and Hinds

JurisdictionJersey
CourtRoyal Court
JudgeBailiff
Judgment Date07 October 2016
Neutral Citation[2016] JRC 181A
Date07 October 2016
The Attorney General
and
Vaughan William Fish
Roland Karl Brinne Hinds

[2016] JRC 181A

Before:

W. J. Bailhache, Esq., Bailiff, and Jurats Olsen and Sparrow

ROYAL COURT

(Samedi)

Inferior Number Sentencing — drugs — possession — class B — acquire possess or control criminal property on behalf of another.

Sentencing by the Inferior Number of the Royal Court, following guilty pleas to the following charges:

Vaughan William Fish

1 count of: Entering into an arrangement to acquire, use, possess or control criminal property on behalf of another, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 1).

Age : 64.

Plea: Guilty.

Details of Offence:

On Saturday 18 th June, 2016, Hinds was observed by a customs officer driving a vehicle into the car park opposite the Midbay Café in St Brelade's Bay. There were no passengers.

Hinds alighted from the vehicle and went towards the public toilets a short distance away, returning minutes later. He then retrieved a small package from the boot of the vehicle before getting back into the front seat.

Soon after, Fish walked towards the vehicle and was seen leaning down on the open window. Hinds handed the package to Fish. Fish then walked away from the vehicle, placing the package inside his jacket. Fish was approached by the customs officer who identified himself and informed him that he was under arrest for suspected money laundering. Fish removed the package from under his jacket and tossed it away over a nearby garden fence behind the officer's back.

In the meantime other customs officers arrived at the scene and Hinds was also arrested on suspicion of money laundering offences. The package was retrieved and when opened by customs officers the next morning was found to contain £3,880 in cash.

In interview, both Fish and Hinds denied knowing each other.

Fish, an Englishman who had arrived in Jersey on the Condor ferry on 17 th June, claimed that he thought the cash was the proceeds of sale of a van and that he threw it over the wall because he thought he was being robbed.

Hinds was uncooperative in interview in respect of the money laundering charge and denied giving anything to Fish.

Four grams of cannabis were found in the vehicle – Hinds admitted that this belonged to him and was for his personal use.

Details of Mitigation:

Guilty plea at indictment, support of his partner, current state of health.

Previous Convictions:

8 previous convictions relating to 22 offences in England. Fish's most recent conviction was in 2001 when he was sentenced to 5 years' imprisonment for importing cannabis.

18 offences relate to fraud and theft and one to assault occasioning actual bodily harm.

Conclusions:

Count 1: 12 months' imprisonment.

Forfeiture Order sought in the sum of £3,880 to be paid into the Criminal Organisation Compensation Fund.

Confiscation Order sought in the nominal sum of £1.

Sentence and Observations of Court:

Count 1: 12 months' imprisonment.

Confiscation Order made in the nominal sum of £1.

Forfeiture Order made in the sum of £3,880.

Roland Karl Brinne Hinds

1 count of: Entering into an arrangement to acquire, use, possess or control criminal property on behalf of another, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 1).

1 count of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 2).

Age : 56.

Plea: Guilty.

Details of Offence:

See Fish above.

Details of Mitigation:

Guilty plea at indictment, full-time employment, letters to the Court and the support of his family.

Previous Convictions:

36 previous convictions relating to 75 offences in Jersey.

Most recently, Hinds was convicted of grave and criminal assault in 2011 and sentenced to 18 months' imprisonment.

3 offences relate to possession of controlled drugs. Other offences include offences against the person, against property, fraud, theft and public order offences. Many are alcohol related. 15 offences relate to police, court and the prison including assaults on police and he has served a number of terms of imprisonment in Jersey.

Conclusions:

Count 1: 12 months' imprisonment.

Count 2: 1 month's imprisonment, concurrent.

Total: 12 months' imprisonment.

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1: 12 months' imprisonment.

Count 2: 2 weeks' imprisonment, concurrent.

Total: 12 months' imprisonment.

Forfeiture and destruction of the drugs ordered.

Authorities

AG v O'Brien and Others [2003] JRC 137A .

AG v Goodwin [2016] JRC 165 .

AG v Michel [2007] JRC 120 .

AG v Bhojwani [2010] JRC 116 .

AG v Cleaver [2016] JRC 080 .

AG v Adam [2015] JRC 215 .

Whelan on Aspects of Sentencing in the Superior Court of Jersey – Third Edition, 2012.

C. R. Baglin, Esq., Crown Advocate.

Advocate M. J. Haines for Fish.

Advocate J. N. Heywood for Hinds.

Bailiff

THE

1

Mr Fish and Mr Hinds, you are here to be sentenced on one count of jointly arranging to acquire, possess, or control £3,880 in cash which you suspected to be the proceeds of criminal activity, and that is the substantial count on the Indictment. Mr Hinds is additionally to be sentenced for one count of possession of cannabis. The facts were that at 9:30 on one evening in June, Mr Hinds was observed...

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