The Attorney General v Joanne Marie Jones

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: J. A. Clyde-Smith,Jurats Ramsden,Pitman
• Judgment Date: 13 February 2019
• Neutral Citation: [2019] JRC 24
• Date: 13 February 2019

[2019] JRC 24

ROYAL COURT

(Samedi)

Before:

J. A. Clyde-Smith, Esq., Commissioner, and Jurats Ramsden and Pitman.

The Attorney General

and

Joanne Marie Jones

D. Hopwood, Esq., Crown Advocate.

Advocate M. J. Haines for the Defendant.

Authorities

Article 137, Income Tax Law (Jersey) Law 1961

Campbell and Ors v AG [1995] JLR 136.

AG v Davies [2015] JRC 039

AG v Cornick [2012] JRC 064

AG v Goodwin [2016] JRC 165

R v Monfries [2004] 2 Cr. App. R. (S) 3

Article 8(2), Misuse of Drugs (Jersey) Law 1978

Criminal Justice (Compensation Orders) (Jersey) Law 1994.

AG v Bates [2004] JRC 135.

AG v Fortune [2010] JRC 166.

AG v McLoughlin [2012] JRC 179.

AG v McDonald and Hughes [2014] JRC 100.

AG 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 — possession and converting of criminal proceeds — income tax.

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

First Indictment

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 1)

Second Indictment

2 counts of: Possession or control of criminal property, contrary to Article 30(1)(c) of the Proceeds of Crime (Jersey) Law 1999. (Counts 1 and 2)

Third Indictment

1 count of: Converting or transferring criminal property, contrary to Article 31(1)(c) of the Proceeds of Crime (Jersey) Law 1999. (Count 4)

6 counts of: Fraudulently delivering an incorrect statement to the Comptroller of Income Tax, contrary to Article 137(1)(a) of the Income Tax (Jersey) Law 1961 (Counts 6,7,8,9,10 and 11)

Age: 49.

Plea: Guilty.

Details of Offence:

As part of a wider operation Joanne Jones' car-wash business premises were searched and slightly under 500g of cannabis resin was discovered. Jones pled guilty to possession with intent to supply on the basis that she had been minding the cannabis temporarily for another whom she was not prepared to name, without financial reward.

Investigations of Jones' bank accounts revealed substantial funds which she insisted came from several legitimate sources. She was tried on counts of laundering the proceeds of other drugs trafficking and acquitted. She pled guilty to failing to declare the legitimate income to the Comptroller over a six year period, and to three counts of possessing, controlling, converting or transferring criminal property relating to unpaid tax.

Details of Mitigation:

Guilty pleas, treated as of good character, time served on remand, delay resulting from trial and acquittal, co-operation, exceptional employment record, charity work, personal references, family difficulties.

Previous Convictions:

No previous relevant convictions.

Conclusions:

First Indictment

Count 1: 5 months' imprisonment.

Sub Total: 5 months' imprisonment.

Second Indictment

Count 1: 15 months' imprisonment, consecutive to Count 1 of the First Indictment.

Count 2: 15 months' imprisonment, consecutive to Count 1 of the First Indictment and concurrent to Count 1 of the Second Indictment.

Sub Total: 15 months' imprisonment.

Third Indictment

Count 4: 15 months' imprisonment, consecutive to Count 1 of the First Indictment and concurrent to all other offences.

Count 6: 15 months' imprisonment, and £90,000 fine, consecutive to Count 1 of the First Indictment and concurrent to all other offences.

Count 7: 15 months' imprisonment, and £90,000 fine, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Count 8: 15 months' imprisonment and £90,000 fine, consecutive to Count 1 of the First Indictment and concurrent to all other offences.

Count 9: 15 months' imprisonment and £90,000 fine, consecutive to Count 1 of the First Indictment and concurrent to all other offences.

Count 10: 15 months' imprisonment, and £90,000 fine, consecutive to Count 1 of the First Indictment and concurrent to all other offences.

Count 11: 15 months' imprisonment and £90,000 fine, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Sub Total: 15 months' imprisonment and £90,000 fine.

Grand Total: 20 months' imprisonment, reduced to time served by Rule 1(1) of the Criminal Proceedings (Computation of Sentences) Rules 1968; plus a total fine of £90,000 with 9 months' imprisonment in default.

Compensation Order sought of £65,825.99 in favour of the Comptroller of Taxes to be paid within 12 months or 6 months' imprisonment in default.

Sentence and Observations of Court:

First Indictment

Count 1: 5 months' imprisonment.

Sub Total: 5 months' imprisonment.

Second Indictment

Count 1: 15 months' imprisonment, consecutive to Count 1 of the First Indictment.

Count 2: 15 months' imprisonment, consecutive to Count 1 of the First indictment,, concurrent to Count 1 of the Second Indictment.

Sub Total: 15 months' imprisonment.

Third Indictment

Count 4: 15 months' imprisonment, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Count 6: 15 months' imprisonment and £75,000 fine, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Count 7: 15 months' imprisonment and £75,000 fine, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Count 8: 15 months' imprisonment and £75,000 fine, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Count 9: 15 months' imprisonment and £75,000 fine, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Count 10: 15 months' imprisonment and £75,000 fine, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Count 11: 15 months' imprisonment and £75,000 fine, consecutive to Count 1 of the First Indictment, concurrent to all other offences.

Sub Total 15 months' imprisonment and £75,000 fine.

Grand Total: 20 months' imprisonment reduced to time served by Rule 1(1) of the Criminal Proceedings (Computation of Sentences) Rules 1968 plus a fine of £75,000 with 3 months to pay or 9 months' imprisonment in default.

Fine of £75,000 with 3 months to pay or 9 months' imprisonment in default.

No Compensation Order made; monies subject to a Saisie Judiciaire.

Forfeiture and destruction of the drugs ordered.

THE COMMISSIONER:

1 The defendant is to be sentenced firstly for one count of possession of slightly under 500 grams of cannabis resin with intent to supply; secondly, for three counts of money laundering and thirdly for six counts of fraudulently delivering incorrect statements to the Controller of Income Tax.

2 The cannabis resin had a wholesale value of £4,000 to £6,000 and £7,500 to £10,000 if sold as individual deals. The...