The Attorney General v Darius James Pearce

• Jurisdiction: Jersey
• Court: Royal Court
• Judge: J. A. Clyde-Smith O.B.E.,Jurats Thomas,Ronge,Austin-Vautier
• Judgment Date: 05 July 2021
• Neutral Citation: [2021] JRC 182

[2021] JRC 182

ROYAL COURT

(Samedi)

Before:

J. A. Clyde-Smith O.B.E., Commissioner, and Jurats Thomas, Ronge and Austin-Vautier.

The Attorney General

and

Darius James Pearce

M. R. Maletroit Esq., Crown Advocate.

Mr Pearce appeared on his own behalf.

( Advocate I. C. Jones attended to assist the Court).

Authorities

AG v Bhojwani [2011] JCA 034

Rae v AG [2017] JCA 197

Hagin v AG [2020] JCA 247

AG v Michel [2007] JRC 120

AG v Bhojwani [2010] JRC 116

AG v Goodwin [2016] JRC 165

AG v Fish and Hinds [2016] JRC 181A

AG v Brennan [2016] JRC 234

AG v Rae and Spinola [2017] JRC 080

AG v Hagin [2020] JRC 176

AG v Thurban et Ors [2020] JRC 191A

AG v Thurban et Ors [2020] JRC 212

Superior Number Sentencing — converting the proceeds of criminal property

Sentencing by the Superior Number of the Royal Court, to which the accused was remanded by the Inferior Number on 19 ^th March, 2021, following conviction at trial before the Inferior Number to the following charges:

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 10, 11 and 12).

Age : 49.

Plea: Not Guilty.

Details of Offence :

The defendant laundered cash on behalf of a criminal enterprise that was engaged in the importation and supply of controlled drugs in Jersey on a commercial scale. He was convicted on 17 ^th December 2020 following a 6 day Inferior Number trial.

The case stems from a joint investigation conducted by the States of Jersey Police and the Jersey Customs and Immigration Service. The surveillance operation targeted numerous persons of interest and lasted several months. The operation culminated in the seizure of MDMA, cocaine and cannabis resin with a street value of up to £919,000, having been imported by boat at Bel Val Bay on 21 June 2019.

The defendant was the director of Jersey Online Traders Limited, a holding company under which he was involved in several business ventures. One of those ventures was a jewellery business which the defendant ran from a shop in the Central Market in St. Helier, Darius Pearce Jewellers.

The defendant used his jewellery business to facilitate the movement of criminal property from Jersey to the UK through the purchase and sale of bullion. This enabled cash to be removed from the Island under the cover of legitimate transactions, and without the cash being physically carried out of the jurisdiction.

The process was straightforward, effected in four simple steps. Firstly, a sum of cash would be handed to the Defendant at his jewellery shop. Secondly, the Defendant would deposit that cash into his personal and business bank accounts. Thirdly, the Defendant would use the cash to purchase gold bullion from a dealer based in Hatton Garden in London. Fourthly, the gold would be collected from the London dealer and sold for cash.

The cash would then be available to UK-based members of the criminal enterprise to be used to purchase drugs, or otherwise to cover the operating costs of the enterprise.

The defendant was convicted on three separate occasions of laundering money according...