Regina v Davies [2014] SBHC 39; HCSI-CRC 302 of 2012 (21 May 2014)

HIGH COURT OF SOLOMON ISLANDS
(Mwanesalua J)

Criminal Case No. 302 of 2012

REGINA

–v-

ROY DAVIES

Ms Joel for the Crown
Mr. Davies in Person

Date of Ruling: 21 May 2014

RULING

1. This is an application for confiscation and pecuniary penalty orders pursuant to section 28 (l) (a) and (b) of the Money Laundering and Proceeds of Crime Act 2002 as amended.
   
2. The brief background facts of this case are these: Mr. Roy Davies, the Respondent, was an employee of Bank South Pacific (BSP) on 24 June 2009. He fraudulently created an Ezy account styled 'Peter Deve Toosi, a fictitious name, and bearing the account number 1200000025655 (the Account). His accomplice Peter Salaka Junior was the signatory to that account. On 26 June 2009, the Respondent debited $85,052.46 from 'Sweetie Kwan Wing Leung Ltd' and credited this amount to the Account. Three days later, Peter Salaka Junior withdrew $83,000.00 from the Account and gave the entire sum to the Respondent, who then paid Peter Salaka Junior $17,000.00 as commission, whilst he retained $66,000.00 being the balance of the proceeds. Out of the $66,000.00 the Respondent bought a car registration number AB4811 from Mr. Kevin Fifi worth $45,000.00.
   
3. The Respondent was arrested by the Police on 31 June 2009 and charged with one count of false pretence contrary to section 308 of the Penal Code. He was later charged with a further count of Money Laundering contrary to Section 17 (l) (a) (i) of the Money Laundering and Proceeds of Crime Act 2002.
   
4. On 20 July 2010, the Respondent pleaded guilty to the charge of false pretence at the Central Magistrate Court in Honiara and was sentenced to 3 years imprisonment.
   
5. The Respondent was committed to the High Court on the charge of Money Laundering on the 9 August 2010. The Respondent pleaded guilty to the charge of Money Laundering and was convicted. However, on 1 November 2010 the High Court quashed the conviction for the offence of Money Laundering and acquitted the Respondent for an offence that shared overlapping facts with the previous offence. The crown appealed to the Court of Appeal against the decision of the High Court to acquit the Respondent of the offence of Money Laundering. The Court of Appeal allowed the appeal and sentenced the Respondent on 9 May 2011 to a term of three years imprisonment concurrent to the sentence for false pretence.
   
6. The Respondent had served his sentence of three years imprisonment. He is now living with relatives in Honiara. He is however unemployed and not earning any income.
   
7. The Toyota Car registration number AB4811 which the Respondent purchased from proceeds of Crime is still packed at the Central Police Station in Honiara. By virtue of the confiscation order the car is vested in the state.
   
8. Mechanical Engineer David Kubolu of the Ministry of Infrastructure Development assessed the car to be worth $23,876.00. This valuation was done on 6 August 2013.
   

ORDERS: 1. The Respondent Roy Davies is to pay a penalty of $1,000.00.
2. The Registrar of High Court is to sell the Toyota Car registered number AB4811 by public auction and proceeds to be paid the state through the Consolidated Fund.

THE COURT