AG -v- McFeat Smyth and Howard [2013] JRC 137 (05 July 2013)

AG -v- McFeat Smyth and Howard [2013] JRC 137 (05 July 2013)

Assisting in laundering proceeds of drug trafficking, even without knowledge of the specific source but with suspicion, constitutes a serious offence warranting custodial sentences unless exceptional mitigation is present. The gravity is mitigated where the launderer is not involved in the underlying conspiracy or lacks actual knowledge, but the seriousness remains due to the facilitation of drug trafficking enterprises.

Citation
[2013] JRC 137
Parties
Defendant: McFeat; Defendant: Mr Smyth; Defendant: Mrs Howard; Third Party: Liam Norris; Third Party: Richard Norris
Jurisdiction
Jersey
Judgment Date
05 July 2013
Procedural Posture
Criminal / Sentencing Judgment
Outcome
part custodial, part non-custodial sentences imposed
Legal Topics
Money Laundering, Drug Trafficking Proceeds, Sentencing
Criminal Law Money Laundering Drug Trafficking Proceeds Sentencing

Case Brief

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Parties

McFeat

Defendant

Mr Smyth

Defendant

Mrs Howard

Defendant

Liam Norris

Third Party

Richard Norris

Third Party

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentencing for money laundering proceeds of drug trafficking
  2. 2 Distinction between levels of involvement in money laundering
  3. 3 Mitigation factors in sentencing for money laundering

Ratio Decidendi

Assisting in laundering proceeds of drug trafficking, even without knowledge of the specific source but with suspicion, constitutes a serious offence warranting custodial sentences unless exceptional mitigation is present. The gravity is mitigated where the launderer is not involved in the underlying conspiracy or lacks actual knowledge, but the seriousness remains due to the facilitation of drug trafficking enterprises.

Court Disposition

part custodial, part non-custodial sentences imposed

Orders

  • McFeat sentenced to 18 months' imprisonment
  • Mr Smyth sentenced to 12 months' imprisonment; saisie judiciaire discharged after payment of Confiscation Order