The Attorney General v David Whelan and Stephen James Grace and Stuart Michael Robinson

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: Sir Michael Birt,Jurats Crill,Liston
• Judgment Date: 14 March 2017
• Neutral Citation: [2017] JRC 40B
• Date: 14 March 2017

[2017] JRC 040B

Royal Court

(Samedi)

Before:

Sir Michael Birt, Commissioner, and Jurats Crill and Liston

The Attorney General

and

David Whelan

Stephen James Grace

Stuart Michael Robinson

M. R. Maletroit, Esq., Crown Advocate.

Advocate L. J. Glynn for Whelan.

Advocate C. F. D. Sorenson for Grace.

Advocate S. E. A. Dale for Robinson.

Authorities

AG -v- Goodwin [2016] JRC 165 .

AG -v- Turney [2016] JRC 175 .

AG -v- Cleaver [2016] JRC 080 .

AG -v- Brennan [2016] JRC 234 .

AG -v- Fish and Hinds [2016] JRC 181A .

AG -v- Whelan and Byrne [2005] JRC 045 .

Inferior Number Sentencing — arranging possession of criminal proceeds — possession of criminal proceeds — drugs — possession — Class C.

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

1 count of: Entering into or becoming concerned in an arrangement that facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 1).

1 count of: Having possession or control of criminal property, contrary to Article 30(1) of the Proceeds of Crime (Jersey) Law 1999 (Count 2).

1 count of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Counts 4, 5, 6, 7 and 8).

Age: 43.

Plea: Guilty.

Details of Offence:

On 13 ^th May, 2016, Grace and Robinson travelled in a hire car to Jersey on the Condor Liberation from Poole. They were the subject of a Customs and Excise surveillance operation from the time of their arrival. Officers stopped them at customs, and they claimed that they were in Jersey for a fishing trip. They were allowed to proceed. The following morning they were seen to take the car to People's Park. They parked it and left it unlocked. Whelan approached the car and got inside. Whelan was arrested. As he got out of the car, he dropped a mini screwdriver and socket set. Grace and Robinson were arrested at their hotel.

A search of the car revealed a Blackberry mobile telephone in the glove compartment, which was open. A ripped piece of paper under the screen protector had what appeared to be a coded message written on it.

Whelan's van and home address were searched, and the drugs in Counts 4 to 8 were found. In the loft of Whelan's address, officers found a black suitcase, which contained a blue holdall. Inside the holdall was a plastic bag containing £40,020.

In interview, Whelan answered “no comment” to all substantive questions. In a second interview, Whelan was questioned about his finances. He denied having any income other than his wages. However, in relation to the cash found in the attic, he stated that this was savings from private work and gambling. He refused to give further details. He also denied being a drug user until informed of the drugs found in his home and van. He denied knowing Grace and Robinson.

Grace maintained that he and Robinson had travelled to Jersey for leisure.

Robinson initially also stated he had come to Jersey for leisure, but then admitted that they had travelled to the Island for financial gain and were to be paid £500 each to bring the hire car over and leave it unlocked at an agreed location overnight in order that an unknown third party could conceal cash within it. He was also given £1,000 for expenses. Robinson admitted that he suspected that the cash would be the proceeds of crime.

Whelan was released from custody, but analysis of a tracked attached to his van showed that he had stopped in Belvedere Terrace a few hours before his arrest. A nearby garage, rented by Whelan, was searched, and a toolbox containing £80,000 in mail bags was seized. Whelan was again arrested. In interview he denied knowing the man from whom he rents the garage, and otherwise gave largely “no comment” answers.

Whelan's basis of plea to Count 1, which was accepted by the Crown, was that he suspected (rather than knew) that the garage he rented would be used for money laundering.

Whelan's basis of plea to Count 2 was that the £40,020 in his loft was legitimate savings, and a proportion of it represented the proceeds of crime (namely failure to declare income to the tax department). This basis was rejected by the Jurat, who found that the Crown had proved that the cash was the proceeds of an unspecified crime other than tax evasion.

Details of Mitigation:

Crown: Guilty pleas to Counts 1, 2, and 4–8 (though pleas to 1 & 2 entered on the morning of trial, and the basis to Count 2 rejected by the Jurats but maintained in Social Enquiry Report.)

Defence: No knowledge of the predicate offences (relevant to Count 1 only).

Previous Convictions:

More than 30 previous convictions, including a 6 ¹/₂ year sentence for supplying Class A drugs.

Conclusions:

Whelan's involvement with the money laundering was greater than Grace and Robinson's. The most likely underlying criminal activity was drug trafficking, and a deterrent sentence is warranted.

Count 1: 3 years and 9 months' imprisonment.

Count 2: 3 years and 9 months' imprisonment, concurrent.

Count 4: 3 years' imprisonment, concurrent.

Count 5: 3 years' imprisonment, concurrent.

Count 6: 3 years' imprisonment, concurrent.

Count 7: 3 years' imprisonment, concurrent.

Count 8: 3 years' imprisonment, concurrent.

Total: 3 years and 9 months' imprisonment.

Confiscation Order sought in the sum of £40,727.19

Forfeiture and destruction of the drugs sought.

Sentence and Observations of Court:

Count 1:27 months' imprisonment.

Count 2:15 months' imprisonment, consecutive to Count 1.

Count 4:3 years' imprisonment, concurrent.

Count 5:3 years' imprisonment, concurrent.

Count 6:3 years' imprisonment, concurrent.

Count 7:3 years' imprisonment, concurrent.

Count 8:3 years' imprisonment, concurrent.

Total: 3 years and 6 months' imprisonment.

Confiscation Order made in the sum of £40,727.19.

Forfeiture and destruction of the drugs ordered.

Stephen James Grace

1 count of: Entering into or becoming concerned in an arrangement that facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 1).

Age: 49.

Plea: Guilty.

Details of Offence:

See Whelan above.

Details of Mitigation:

Crown: Guilty plea, low risk of reconviction, no previous convictions.

Defendant: Out of character, no knowledge of predicate offence, remorse, cooperation with financial investigation.

Previous Convictions:

None.

Conclusions:

See Whelan above.

Count 1: 2 years imprisonment.

Total: 2 years imprisonment.

Confiscation Order sought in the sum of £180.

Sentence and Observations of Court:

Count 1: 2 years' imprisonment.

Total: 2 years imprisonment.

Confiscation Order made in the sum of £180.

Stuart Michael Robinson

1 count of: Entering into or becoming concerned in an arrangement that facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999 (Count 1).

Age: 45.

Plea: Guilty.

Details of Offence:

See Whelan above.

Details of Mitigation:

Crown: Full and frank account in interview, cooperative, named UK contact, guilty plea, low risk of reconviction, no previous convictions.

Defendant: Out of character, no knowledge of predicate offence, cooperation with investigation.

Previous Convictions:

None.

Conclusions:

See Whelan above.

Count 1: 2 years imprisonment.

Total: 2 years imprisonment.

Confiscation Order sought in the sum of £240.

Sentence and Observations of Court:

Count 1: 21 months' imprisonment.

Total: 21 months' imprisonment.

Confiscation Order made in the sum of £240.

THE COMMISSIONER:

1 Just as the courier who imports controlled drugs...