AG v Lloyd and Lloyd

JurisdictionJersey
CourtRoyal Court
JudgeF.C. Hamon,Jurats de Veulle,Rumfitt,Le Brocq,Tibbo,Le Breton,Allo
Judgment Date17 February 2004
Neutral Citation[2004] JRC 32
Date17 February 2004

[2004] JRC 32

ROYAL COURT

(Samedi Division)

Before:

F.C. Hamon, Esq., O.B.E., Commissioner and Jurats de Veulle, Rumfitt, Le Brocq, Tibbo, Le Breton and Allo.

The Attorney General
and
David Jarman Lloyd
Carol Ann Lloyd

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

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

Authorities

R v O' Meally and Morgan. (1994) 15 Cr. App. R.(S) 831

R v Greenwood (1995) 16 Cr. App. R (S) 614.

R v Simpson & Ors [1998] Cr. App. (s) 112.

Criminal Justice (Suspension of Prison Sentences) (Jersey) Law 2003.

Sentencing by the Superior Number of the Royal Court, to which the Defendants were remanded for sentence, following conviction by the Inferior Number on 5th June, 2003:

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:

Michael O'Brien trafficked illegal drugs from UK (Portsmouth) to Jersey by hiding them amongst consignments of meat destined for his butcher business.

On 15 th September, 1998, O'Brien was arrested in Portsmouth and found to be in possession of 1001 grams of heroin and 10.1 kilograms of cannabis resin with a wholesale value of between £193,500 and £223,500. Following his arrest 2,500 ecstasy tablets, nearly 5 kg amphetamine and 127 blocks of cannabis resin were found at his property.

During the period January 1997 to September 1998 substantial sums were paid into accounts under control of Mr O'Brien. Substantial sums were also transferred out of the accounts, specifically £97,295 to Carol Lloyd's account and £50,475.51 to David Lloyd's account. Some of those monies were then transferred from the Lloyds' accounts to the account of a Mr Dunne and some were used to buy a public house in Wiltshire. The public house was purchased by Taiga Developments, a company controlled by the defendants and of which Carol Lloyd was a director. Carol and David managed the public house. Carol and David were arrested along with Michael and Yvonne O'Brien on 27 May, 2002.

Details of Mitigation:

No previous for drug trafficking. No formal role in purchase of Pelican but hid behind his wife.

Handled not much less than Dunne.

Role in laundering at least as important as the other Defendants.

Not of previous good character.

Sufficiently serious to justify immediate long term custodial sentence.

Extremely poor health — cirrhosis of the liver and related complications.

Unlikely he had long to live, doctor estimates 3 months.

Previous Convictions:

Two for fraud (1986 — served four years imprisonment), two for theft (1963–65) and one minor driving (2002).

Conclusions:

7 year starting point.

Count 4: 2 years' imprisonment, suspended for 2 years.

Count 6: 2 years' imprisonment, concurrent, suspended for 2 years.

Sentence and Observations of Court:

Conclusions granted.

David Lloyd has terminal illness and his wife is his main carer.

Carol Ann 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 3).

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: 53.

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

Details of Offence:

See David Lloyd, above.

Details of Mitigation:

David's primary carer.

No previous convictions.

Low risk of re-offence.

Low risk of harm.

Previous Convictions:

None.

Conclusions:

7 year starting point.

Count 3: 2...

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