The Attorney General v Darryn Rae and Antonio Miguel Spinola

JurisdictionJersey
CourtRoyal Court
JudgePitman,J. A. Clyde-Smith,Milner,Jurats Crill
Judgment Date25 May 2017
Neutral Citation[2017] JRC 80
Date25 May 2017
The Attorney General
and
Darryn Rae
Antonio Miguel Spinola

[2017] JRC 080

Before:

J. A. Clyde-Smith, Esq., Commissioner and Jurats Crill, Blampied, Ramsden, Pitman, Christensen and Milner.

ROYAL COURT

(Samedi)

Superior Number Sentencing — contravention of Criminal Proceeds of Crime (Jersey) Law 1999 — drugs — possession with intent to supply Class B — possession Class A.

Sentencing by the Superior Number of the Royal Court, to which the accused were remanded by the Inferior Number on 3 rd March, 2017, following guilty pleas to the following charges:

Darryn Rae

3 counts 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 (Counts, 2 and 3).

Age: 52.

Plea: Guilty.

Details of Offence:

Rae made three trips to Jersey from Southampton. He was kept under surveillance during his time in the Island. During his first trip, Rae was observed meeting with Spinola and placing a bundle of cash into a bag. Rae then deposited £9,000 in cash into his bank accounts before leaving the Island. During his second trip, Rae was observed retrieving something from Spinola's car. Rae then deposited £5,200 in cash into his bank accounts before leaving the Island. During his third trip, Rae was observed meeting with Spinola in Spinola's car. Both parties were arrested and £8,000 in cash was seized from the passenger foot well of the car.

Following the arrests, customs officers searched Spinola's flat and seized inter alia; (i) a shoebox containing 22 bars (2145.32 grams) of cannabis resin and a quantity of re-sealable plastic bags; (ii) a plastic container containing 19 1/2 MDMA tablets, 2.96 grams of MDMA powder and 1.28 grams of cannabis resin; (iii) a cardboard box containing 42.08 grams of cannabis resin; (iv) a cash counting machine; (v) a suitcase containing £30,000 in cash; and (vi) a safe containing £35,205 in cash.

Details of Mitigation:

Early guilty pleas.

Previous Convictions:

79 offences between 1977 and 2009 including drug trafficking.

Conclusions:

Count 1:

4 years' imprisonment.

Count 2: 4 years' imprisonment, concurrent.

Count 3: 4 years' imprisonment, concurrent.

Total: 4 years' imprisonment.

Confiscation order sought in the sum of £8,000 but confiscation hearing to be adjourned until 30 th October 2017 at 10am.

Sentence and Observations of Court:

Conclusions granted.

Confiscation hearing adjourned until 26 th October, 2017 at 10am.

Antonio Miguel Spinola

3 counts 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 (Counts 1, 2 and 3).

1 count of: Possession of a controlled drug, with intent to supply, contrary to Article 8(2) of the Misuse of Drugs (Jersey) Law 1978 (Count 4).

1 count of: Possession of a controlled drug, contrary to Article 8(1) of the Misuse of Drugs (Jersey) Law 1978 (Count 5).

1 count of: Having possession or control of criminal property, contrary to Article 30(1) of the Proceeds of Crime (Jersey) Law 1999 (Count 6).

Age: 35.

Plea: Guilty.

Details of Offence:

See Rae above.

Details of Mitigation:

Admissions in interview; cooperation with the investigation and early guilty pleas.

Previous Convictions:

5 offences including possession of controlled drugs.

Conclusions:

Count 1: 4 years' imprisonment.

Count 2: 4 years' imprisonment, concurrent.

Count 3: 4 years' imprisonment, concurrent.

Count 4: 1 1/2 years' imprisonment, consecutive.

Count 5: 1 1/2 years' imprisonment, concurrent.

Count 6: 4 years' imprisonment, concurrent.

Total: 5 1/2 years' imprisonment.

Forfeiture and destruction of the drugs sought.

Confiscation order sought in the sum of £219,860.44 but confiscation hearing to be adjourned until 30 th October 2017 at 10am.

Sentence and Observations of Court:

Count 1: 3 years and 9 months' imprisonment.

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

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

Count 4: 1 1/2 years' imprisonment, concurrent.

Count 5: 1 1/2 years' imprisonment, concurrent.

Count 6: 3 years and 9 months' imprisonment, concurrent.

Total: 3 years and 9 months' imprisonment.

Forfeiture and destruction of the drugs ordered.

Confiscation hearing adjourned until 26 th October, 2017 at 10am.

Authorities

AG -v- Goodwin [2016] JRC 165 .

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

AG -v- Turney [2016] JRC 175 .

AG -v- Whelan Grace and Robinson [2017] JRC 040B .

Campbell -v- AG [1995] JLR 136 .

AG -v- Herbert and Le Gresley [2012] JRC 192A .

AG -v- Cornick [2012] JRC 064 .

AG -v- Bishop [2012] JRC 193A .

AG -v- Buesnel [1996] JLR 265 .

AG -v- Loureiro [2017] JRC 064 .

AG -v- Higgins and Hutchinson [2015] JRC 066A .

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

Advocate J. M. Grace for Rae.

Advocate D. S. Steenson for Spinola.

THE COMMISSIONER:
1

The defendants Spinola and Rae stand to be sentenced for three counts of entering into money laundering arrangements and the defendant Spinola with one count of being in possession of criminal property, namely £65,205 in cash. He also stands to be sentenced for one count of possession of 2.2 kilograms of cannabis with intent to supply and one count of possession of 19 1/2 MDMA tablets and 2.96 grams of MDMA powder.

2

The defendants were involved in a criminal enterprise operating at a significant scale in which Spinola acted as the banker in Jersey collecting the proceeds of the sale of drugs in Jersey and handing it over to Rae who would come over to Jersey to bank it in cash in two bank accounts he had here whereby the proceeds were paid upstream to associates in England. Three trips to Jersey by Rae were monitored by the police in which he collected a total of...

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11 cases
  • Darryn Rae v HM Attorney General
    • Jersey
    • Court of Appeal
    • 22 November 2017
    ...by or on behalf of another person contrary to Article 30(3) of the Proceeds of Crime (Jersey) Law 1999. Authorities AG v Rae and Spinola [2017] JRC 080 . Harrison v Attorney General [2004] JLR 111 . Franey & MacAlinden v AG [2006] JCA 078A . AG v Goodwin [2016] JRC 165 . AG v Turney [2016] ......
  • The Attorney General v Darius James Pearce
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    • 4 August 2021
    ...[2016] JRC 165. AG v Fish and Hinds [2016] JRC 181A. AG v Michel [2007] JRC 120. AG v Bojwani [2010] JRC 116. AG v Rae and Spinola [2017] JRC 080. AG v Hagin [2020] JRC 157. Proceeds of Crime (Jersey) Law 1999. AG v Brennan [2016] JRC 234. Hagin v AG [2020] JCA 247. R v Cairns [2013] EWCA ......
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    ...Cousins [2014] JRC 158 . AG v Roslan, Whitcombe & Lagadu [2015] JRC 030A . AG v Dixey & Pereira [2017] JRC 081 . AG v Rae & Spinola [2017] JRC 080 . AG v Whelan Grace & Robinson [2017] JRC 040B . AG v Antunes & Ors [2013] JLR 144 . McDonough v AG [1994] JLR Notes 7a , McDonough v AG 1994/19......
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    ...v Cocks [2014] 142A. AG v Davies [2015] JRC 039. AG v Whelan and Others [2017] JRC 040B. AG v Palmer [2017] JRC 079. AG v Rae and Spinola [2017] JRC 080. AG v Bradshaw [2017] JRC 119. AG v Browne [2018] JRC 070. Inferior Number Sentencing — drugs — Class B — possession — intent to supply — ......
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