Michael O'Brien, Edmond-O'Brien, Dunne, David Lloyd and Carol Llyod -v- AG [2003] JCA 228 (09 December 2003)

Michael O'Brien, Edmond-O'Brien, Dunne, David Lloyd and Carol Llyod -v- AG [2003] JCA 228 (09 December 2003)

The conviction of Mrs O'Brien was set aside because the evidence did not support an inference that she knew or suspected the funds were proceeds of drug trafficking; the verdict could not be supported having regard to the evidence. The conviction of Mr Dunne was upheld as there was sufficient evidence for the Jurats to disbelieve his account and infer knowledge or suspicion regarding the proceeds. The court found that the plea bargain with Mr O'Brien did not bind the court on sentencing, but the unusual circumstances and double jeopardy concerns were relevant to sentence.

Citation
[2003] JCA 228
Parties
Applicant/defendant: Michael O'Brien; Applicant/defendant: Yvonne Katina Edmond-O'Brien; Applicant/defendant: Michael Joseph Dunne; Defendant: Carol Ann Lloyd; Defendant: David Jarman Lloyd; Prosecution: The Crown
Jurisdiction
Jersey
Judgment Date
09 December 2003
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence
Outcome
Mrs O'Brien's conviction quashed and acquittal entered; Mr Dunne's conviction upheld; confiscation order and sentence against Mrs O'Brien set aside; applications for leave to appeal sentence considered.
Legal Topics
Assisting Retention of Proceeds of Drug Trafficking, Transferring Proceeds of Criminal Conduct, Confiscation Orders, Double Jeopardy, Plea Bargaining, Standard of Appellate Review
Criminal Law Drug Trafficking Money Laundering Assisting Retention of Proceeds of Drug Trafficking Transferring Proceeds of Criminal Conduct Confiscation Orders Double Jeopardy Plea Bargaining +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Michael O'Brien

Applicant/defendant

Yvonne Katina Edmond-O'Brien

Applicant/defendant

Michael Joseph Dunne

Applicant/defendant

Carol Ann Lloyd

Defendant

David Jarman Lloyd

Defendant

The Crown

Prosecution

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Conviction and Sentence

Legal Issues

  1. 1 Whether Mrs O'Brien's conviction for assisting retention of proceeds of drug trafficking was supported by evidence or reasonable inference
  2. 2 Whether Mr Dunne's conviction for assisting retention of proceeds of drug trafficking was supported by evidence
  3. 3 Whether the sentences imposed on Mr O'Brien and Mr Dunne were appropriate in light of plea bargaining and double jeopardy concerns

Ratio Decidendi

The conviction of Mrs O'Brien was set aside because the evidence did not support an inference that she knew or suspected the funds were proceeds of drug trafficking; the verdict could not be supported having regard to the evidence. The conviction of Mr Dunne was upheld as there was sufficient evidence for the Jurats to disbelieve his account and infer knowledge or suspicion regarding the proceeds. The court found that the plea bargain with Mr O'Brien did not bind the court on sentencing, but the unusual circumstances and double jeopardy concerns were relevant to sentence.

Court Disposition

Mrs O'Brien's conviction quashed and acquittal entered; Mr Dunne's conviction upheld; confiscation order and sentence against Mrs O'Brien set aside; applications for leave to appeal sentence considered.

Orders

  • Conviction of Yvonne Katina Edmond-O'Brien set aside and acquittal entered
  • Confiscation order and sentence in default against Mrs O'Brien set aside