By Alric Lindsay
Tanya Dinorah Archer was sentenced in the Summary Court today, December 9, 2024, for selling lottery tickets and the possession of criminal property. The sentences were suspended for two years.
Background
As explained in the Summary Court, Tanya Archer and her husband, Jerry Archer, were jointly charged with selling lottery tickets and possessing criminal property after their home was searched in April 2023.
Based on the facts, when the police searched the home, they found a Cayman National Bank money bag with cash wrapped up in rubber bands in the bedroom table drawer. There were also papers with names, sums to be paid out for tickets, and numbers suspected of being used in illegal gambling.
When asked about the items, Mrs Archer reportedly said they were from her family’s DVD store.
A further search of the chest of drawers revealed a white coloured envelope containing a quantity of cash of various denominations of Cayman Islands currency and a white paper with various numbers and what looked like several dates recorded. A total of CI $8,598 and US $826 was recovered.
Three cell phones were also taken and analyzed, revealing exchanges between Mrs Archer and her sister discussing takings from Cash Pot. It was also apparent that a website was frequented to obtain lottery results.
Further, it was reported that Mrs. Archer and her husband had exchanges with images of spreadsheets, receipts, notes and sales.
In addition, Mrs Archer was a part of a WhatsApp chat group called Cash Pot.
Mrs Archer entered a guilty plea in October 2024, ten months after her first court appearance.
Sentencing
In the Summary Court, the Chief Magistrate noted that the maximum sentence for an offence of selling lottery tickets is a fine of $400 or imprisonment with or without hard labour for 12 months.
The Chief Magistrate added that the maximum sentence for possession of criminal property was set out in section 141(1)(a) of the Proceeds of Crime Act. This states:
Penalties
141. (1) A person who commits an offence under section 133, 134 or 135 is liable (a) on summary conviction, to a fine of five thousand dollars or imprisonment for a term of two years, or to both.
Turning to the sentencing guidelines, the Chief Magistrate said she accepted that the harm due to the amount involved must be a Category 4 and Mrs Acher “played a significant role in the offending and was part of a group activity.”
In the circumstances, the Chief Magistrate set the starting sentence at 18 months in prison, with a range of 6 months to 4 years.
Concerning reductions in this time, the Chief Magistrate took into account mitigating factors, including Mrs Archer’s low risk of reoffending and her being a productive member of society who is studying and working. Additionally, she has no previous convictions.
Based on the foregoing, the Chief Magistrate decreased the starting point by 6 months to 12 months.
Although Mrs Archer’s guilty plea was 10 months late, the Chief Magistrate gave a 1/3 discount, reducing the total sentence to 8 months.
Notwithstanding that the above calculation passed the custody threshold, the Chief Magistrate said she must consider the Alternative Sentencing Act and was not of the view that prison time was appropriate.
In the circumstances, the Chief Magistrate suspended the sentence for two years.
Regarding selling lottery tickets, the Chief Magistrate set a sentence of 3 months to run simultaneously with the above sentence for possessing criminal property. The lottery ticket sales sentence was also suspended for two years.
Lastly, the Chief Magistrate ordered the confiscation of CI $8,598 and US 826 and the confiscation of the telephones.
No financial penalties were imposed on Mrs Archer.
Mrs Archer has the right to appeal the Summary Court’s decision within seven days.
Mrs Archer was represented by Attorney Richard Barton.
Notes to readers:
Under the Proceeds of Crime Act, concealing or disguising criminal property is an offence. This is set out under section 133, which states:
Concealing, etc
133. (1) A person commits an offence if that person (a) conceals criminal property; (b) disguises criminal property; (c) converts criminal property; (d) transfers criminal property; or (e) removes criminal property from the Islands.
Making an arrangement is also an offence, described under section 134 as follows:
134. (1) A person commits an offence if that person enters into or becomes concerned in an arrangement which that person knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person.
Acquisition, use and possession of criminal property are also offences. These are covered by section 135, which states:
Acquisition, use and possession 135. (1) A person commits an offence if that person — (a) acquires criminal property; (b) uses criminal property; or (c) has possession of criminal property.
Regarding penalties, these are set out in section 141 of the Proceeds of Crime Act as follows:
Penalties
141. (1) A person who commits an offence under section 133, 134 or 135 is liable (a) on summary conviction, to a fine of five thousand dollars or imprisonment for a term of two years, or to both; or (b) on conviction on indictment, to imprisonment for a term of fourteen years or to a fine, or to both.
(2) A person who commits an offence under section 136, 137 or 139 is liable (a) on summary conviction, to a fine of of five thousand dollars or imprisonment for a term of two years, or to both; or (b) on conviction on indictment, to imprisonment for a term of five years or to a fine, or to both.
(3) A person who commits an offence created under section 143 is liable to the penalties that may be prescribed in an order made under that section.
In addition to the foregoing, offences under the Gambling Act are as follows:
Offences
4. A person who (a) being the owner or occupier, or having the use temporarily or otherwise thereof, keeps or uses a place as a common gaming house; (b) permits a place of which he is owner or occupier or of which he has the use temporarily or otherwise, to be kept or used by another person as a common gaming house; (c) has the care or management of, or in any manner assists in the management of a place kept or used as a common gaming house, or assists in carrying on a public lottery; (d) receives directly or indirectly any money or money’s worth for or in respect of any chance in, or event, or contingency connected with a public lottery, or sells or offers for sale, or gives or delivers any lottery ticket; (e) draws, throws, declares or exhibits, expressly or otherwise, the winner or winning number, ticket, lot, figure, design, symbol or other result of any public lottery; (f) writes, prints, or publishes, or causes to be written, printed or published, any lottery ticket, list of prizes, any announcement of the result of a public lottery or any announcement relating to a public lottery; (g) announces or publishes, or causes to be announced or published, either orally by means of any print, writing, design, sign or otherwise, that any place is opened, kept, or used as a common gaming house, or in any other manner invites or solicits any person to commit a breach of section 5 or 6; (h) advances or furnishes money for the purpose of establishing or conducting the business of a common gaming house or for the purpose of a public lottery; or (i) commits an act of unlawful gaming, commits an offence and is liable on conviction to a fine of four hundred dollars, or to imprisonment, with or without hard labour, for twelve months.
