AG v Bhojwani [2010] JRC 116 (25 June 2010)

AG v Bhojwani [2010] JRC 116 (25 June 2010)

The defendant was sentenced for laundering the proceeds of his own criminal conduct through Jersey, involving substantial sums over a short period in response to news of investigation, with full knowledge of the predicate conduct. The court found this constituted serious criminality warranting a significant custodial sentence, but not at the highest end of the range, given the lack of professional laundering and the mitigation advanced.

Citation
[2010] JRC 116
Parties
Defendant: The Defendant; Prosecution: Attorney General
Jurisdiction
Jersey
Judgment Date
25 June 2010
Procedural Posture
Criminal / Sentencing After Trial
Outcome
convicted and sentenced
Legal Topics
Money Laundering, Proceeds of Crime, Sentencing, Corruption, Fraud
Criminal Law Financial Crime Money Laundering Proceeds of Crime Sentencing Corruption Fraud

Case Brief

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Parties

The Defendant

Defendant

Attorney General

Prosecution

Procedural Posture

Criminal / Sentencing After Trial

Legal Issues

  1. 1 Appropriate sentence for laundering proceeds of own criminal conduct
  2. 2 Distinction between laundering own proceeds and those of others
  3. 3 Relevance of predicate offence to sentencing for money laundering

Ratio Decidendi

The defendant was sentenced for laundering the proceeds of his own criminal conduct through Jersey, involving substantial sums over a short period in response to news of investigation, with full knowledge of the predicate conduct. The court found this constituted serious criminality warranting a significant custodial sentence, but not at the highest end of the range, given the lack of professional laundering and the mitigation advanced.

Court Disposition

convicted and sentenced

Orders

  • 6 years' imprisonment on each count, concurrent (total 6 years)
  • Confiscation proceedings to be dealt with separately