Cox v R

• Jurisdiction: Bermuda
• Judgment Date: 22 March 2012
• Docket Number: Criminal Appeal 2011 No 10
• Date: 22 March 2012
• Court: Court of Appeal (Bermuda)

In The Court of Appeal for Bermuda

Before: Zacca, P; Evans, JA; Baker, JA

Criminal Appeal 2011 No 10

BETWEEN:

Roger Vincent Cox

Appellant

and

The Queen

Respondent

Mr C Richardson for the Appellant

Mr R Field and Ms C Clarke for the Respondent

The following case was referred to in the judgment:

R v BasraUNK [2002] EWCA Crim 541

Abstract:

Money laundering - Guilty plea - Sentence of 5 years - Gambling

JUDGMENT of Baker, JA

1. On 19 April 2011 following an earlier plea of guilty to three counts of money laundering under sections 44 and 45 of the Proceeds of Crime Act 1997 the appellant was sentenced to five years imprisonment concurrent on each count. On 8 March 2012, having granted leave to appeal, we dismissed his appeal and said our reasons would be given later. We now give those reasons.

2. The appellant is a thirty-eight year old Bermudian living with his partner and three minor children in St. George's Parish. There was a co-defendant, Michelle Lindsey, who was employed as an accounts assistant at Gibbons Company. She pled guilty to one count of facilitating the retention or control of the appellant's proceeds of crime. The amount involved in her case was $24,950.00 and she was sentenced to four months imprisonment.

3. In the appellant's case, count one involved $338,920.00 in cash in his possession on 2 April 2009, count four $369,640.00 in cash in his possession on 3 April 2009 and count 5, conversion, transfer or removal of $1,579,296.21 from Bermuda between 7 January 2004 and 19 April 2009. So the total was just under 2.3 million dollars.

4. As originally indicted, count 5 (but not counts one and four) alleged that the money removed from Bermuda represented his proceeds of criminal conduct for the purpose of avoiding prosecution for drug trafficking or a relevant offence. However, the appellant tendered and signed a written basis of plea stating that the money in each count represented the proceeds of criminal conduct contrary to section 155 of the Criminal Code 1907 ie, keeping a gaming house, and the proceedings continued on that basis.

5. When the appellant was arrested on 2 April 2009 his house was searched and various amounts of cash were found totalling the sum in count one. Also found were three safe deposit keys in a Bank of Butterfield envelope. The money in count four was recovered from that safe deposit.

6. When the appellant was interviewed he said the cash (or some of it) had been given to him by a Mr Robinson who had...