The Attorney General v Robert Thomas Dixey and Steven James Pereira

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: J. A. Clyde-Smith,Jurats Nicolle,Grime
• Judgment Date: 26 May 2017
• Neutral Citation: [2017] JRC 81
• Date: 26 May 2017

[2017] JRC 081

ROYAL COURT

(Samedi)

Before:

J. A. Clyde-Smith, Esq., Commissioner, and Jurats Nicolle and Grime

The Attorney General

and

Robert Thomas Dixey

Steven James Pereira

M. R. Maletroit, Esq, Crown Advocate.

Mr Dixey appeared on his own behalf.

Advocate P. S. Landick for Pereira.

Advocate S. A Pearmain acting as Amicus Curiae.

Authorities

Proceeds of Crime (Jersey) Law 1999.

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 Grace and Robinson [2017] JRC 040B .

Inferior Number Sentencing — contravention of the Proceeds of Crime (Jersey) Law 1999.

Sentencing by the Inferior Number of the Royal Court, following a guilty plea to the following charge:

Robert Thomas Dixey

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: 35.

Plea: Guilty.

Details of Offence:

On Saturday 5 ^th March, 2016, at approximately 1pm customs officers observed Dixey standing near the entrance to Green Street Car Park. Approximately 20 minutes later a VW Golf driven by Pereira approached and pulled into a slip road next to the car park and stopped under an archway. Dixey approached the car and leant inside the front passenger window. Dixey then emerged from the car and walked away carrying a large brown paper bag with a “Tib Street” logo on it. Dixey walked across the road to the car park of The Club Hotel and Spa and Pereira drove off in the direction of La Colomberie.

Dixey was observed placing the brown “Tib Street” bag in the boot of a silver VW Passat. At approximately 6:10pm Customs Officers stopped Dixey as he was about to board a Condor Ferry bound for Portsmouth. The VW Passat was searched and numerous bundles of cash were discovered throughout the vehicle. Dixey was asked if there was any further cash concealed in the car or on his person, and he produced a further two bundles of cash from the pockets of his jacket and his jeans.

The cash was counted by officers and found to amount to £36,420. On 1 ^st June, 2016, the Royal Court ordered the forfeiture of the cash.

Details of Mitigation:

Guilty plea, good previous character, delay in proceedings.

Previous Convictions:

None.

Conclusions:

Count 1: 2 years' imprisonment.

Confiscation Order sought in the minimal sum of £1 but hearing to be adjourned until 27 ^th September, 2017 at 10am.

Sentence and Observations of Court:

Count 1: 18 months' imprisonment

Confiscation Order hearing to be adjourned until 27 ^th September, 2017 at 10am.

Steven James Pereira

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: 32.

Plea: Guilty.

Details of Offence:

See Dixey above.

Details of Mitigation:

Guilty plea, delay in proceedings.

Previous Convictions:

Three convictions for six offences, including drug trafficking and possession charges, and three grave and criminal assaults.

Conclusions:

Count 1: 2 years' imprisonment.

Confiscation Order sought in the sum of £224.80 but hearing to be adjourned until 27 ^th September, 2017 at 10am.

Sentence and Observations of Court:

Count 1: 21 months' imprisonment

Confiscation Order hearing to be adjourned until 27 ^th September, 2017 at 10am.

THE COMMISSIONER:

1 The defendants are to be sentenced for one count of entering into a money laundering arrangement. They have pleaded guilty on the basis accepted by the prosecution.

2 Dixey was asked to come to Jersey to collect money and bring it back to the UK for a payment of £500 plus his holiday expenses, which he hasn't received. He was not told where the money had come from or why he was collecting it. He believed it to be in the region of £20,000. He was told to liaise with an individual he now knows to be his co-defendant, Mr Pereira. The telephone records do show only one call between them. He was seen approaching a car driven by Pereira, leaning inside the front passenger window and taking a large brown paper bag. He counted the money in his hotel room and found it totalled £36,000 and as this was more than he was expecting he became suspicious that it was tainted, but felt he had no choice but to see it through.

3 Mr Pereira says his involvement was as a favour to a friend. He was provided with the money and a phone number, together with a mobile phone and he purchased a SIM card in order to use that phone. He contacted Dixey and at the exchange, which lasted no more than 20 seconds, he says no words were said. He denies receiving any remuneration. He did not know Dixey, how much was in the bag or its source, but he did suspect it represented the proceeds of crime.

4 The principles to be applied to a sentencing in cases of this kind are set out in the Superior Number case of AG v Goodwin [2016] JRC 165 and just to repeat those:–

• (i) There is not necessarily a direct relationship between the sentence for the laundering offence and the predicate offence. Where, however, the predicate offence can be identified, some regard will be had to the appropriate sentence for that offence when considering the appropriate sentence for the laundering offence.

• (ii) The criminality in laundering is the assistance, support and encouragement it provides to criminal conduct.

• (iii) Regard should be had to the extent of the launderer's knowledge of the predicate offence.

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