R v Karen Monfries
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE CRESSWELL |
| Judgment Date | 27 October 2003 |
| Neutral Citation | [2003] EWCA Crim 3348 |
| Court | Court of Appeal (Criminal Division) |
| Docket Number | No: 200302786/A1 |
| Date | 27 October 2003 |
[2003] EWCA Crim 3348
Mr Justice Cresswell
Mr Justice Jack
No: 200302786/A1
IN THE COURT OF APPEAL CRIMINAL DIVISION
Royal Courts of Justice
Strand
London, WC2
MR M WORSLEY appeared on behalf of the APPELLANT
The appellant, who is now aged 37, appeals against sentence by leave of the Single Judge.
On 26th February 2003 in the Crown Court at Bristol before Mr Recorder Derbyshire the appellant was convicted of conspiracy to assist another to retain proceeds of drug trafficking. On 11th April, in the same Crown Court, she was sentenced to 2 years' imprisonment.
The facts were as follows. On 7th August 2002 the appellant was arrested on suspicion of money laundering in connection with approximately £30,000. She was involved in several transactions between Jamaica and England. The money was transferred via Jamaica Connect agencies which were established within the premises of travel agents and newsagents. The appellant sent money on behalf of a man who was known to her. The man had asked her to send money on his behalf and she agreed to do it as a favour. She said that she did not question its provenance. The money that was transferred was the proceeds of drug trafficking or other criminal conduct.
When passing sentence the Recorder said this:
"I give you credit for the following matters: first of all, you are 37 years old now; you have no substantive previous convictions. The fact, of course, that you have two teenage children is something that weighs heavily on my mind, and the position that you hold in the St Pauls community, as testified by the testimonies that I have received today and the witnesses who gave evidence on your behalf at the trial."
He added:
"You were convicted by a jury of conspiracy to pass to Jamaica several sums of money, which together totalled approximately £30,000, which were the proceeds either of drug trafficking or some other major crime. That £30,000 sent through Jamaica Connect was for a man called John. Even today we do not know the truth about the provenance of this money. It might be drugs money. There is circumstantial evidence of this from your close friendship to others who have been implicated in...
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...to money laundering. All cases depend upon their own facts. However there is some assistanceto be found in the case of Monfries [2003] EWCA Crim. 3348, in which this court said at paragraph 7 of the judgment: "The relevant considerations that apply in cases of this type include the followin......
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...LeatherbarrowUNK(1992), 13 Cr. App. R. (S.) 632; [1992] Crim. L.R. 521, considered. (10) R. v. Monfries, [2004] 2 Cr. App. R. (S.) 9; [2003] EWCA Crim. 3348, referred to. (11) R. v. MooreUNK(1993), 15 Cr. App. R. (S.) 353, distinguished. (12) R. v. PowellUNK(1999), 108 ACR 448, considered. ......
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