COURT LIST

Below are the court listings for matters before the court. The list is updated each week by 4pm on Friday. The courts service use their best endeavours to provide lists which are free of errors but give no warranty as to their accuracy. The list is subject to change at short notice at the discretion of the Court.

NOTICE

Notice is hereby given that the following applications have been received by the Clerk of the Summary Court and shall be dealt with by the Clerk without a hearing unless any person wishing to object notifies the court by

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10:00 Friday 6th June 2025

Reference: SUM/LIC/36/25

Applicant: Arturo Guala

Application: Application for an EXTENSION OF PERMITTED HOURS for Urban Night Party (DJ Battle) Friday 20th June 2025 23:30- 01:00 (Sat 21st June 2025)

Premises: Groovy's, 3 Philomel Street, Stanley

Week commencing: 9 June 2025

Before the Summary Court on Wednesday 11 June 2025:

SUM/CRIM/10/25

R v James Earl Hamilton Curtis.

Mr Curtis entered a guilty plea to one count of cultivation of cannabis contrary to s 6 of the Misuse of Drugs Ordinance and one count of theft contrary to s 347(1) of the Crimes Ordinance 2014 on 30 April 2025.  A pre-sentence report was requested.  In sentencing Mr Curtis, court applied England and Wales sentencing guideline for cultivation of a cannabis plant for first offence and considered pre-sentence report dated 6 June 2025.  Cannabis is a class B drug under the Misuse of Drugs Ordinance 1987.  Court found lesser role culpability as: (i) defendant grew cannabis for his own use; and (ii) there was not expectation of any financial advantage.  Found category 4 harms as: there was cultivation of one cannabis plant.  This category offence has as starting point of a low level community order with a category range of a Band A fine to Medium level community order.  For second offence of theft, court applied the England and Wales sentencing guideline for theft.  Court found culpability B as there was a breach of trust and category 4 harms as there was no loss to the KEMH as the medication was marked for disposal.  The starting point for a category 4B theft offence is a low level community order with a category range of a Band C fine to Medium level community order.  Court considered totality principle in sentencing so that the sentence imposed in just and proportionate to the overall offending behaviour. Court decided to sentence for cultivation of cannabis and pass no separate penalty for theft. The offence of theft will be considered an aggravating factor.   In further aggravation, court found: (i) effort made to procure equipment to promote offending such as ordering a grinder and purchasing cannabis seeds; and (ii) defendant supplied the cannabis socially, though at a low level.  In mitigation, found: (i) no relevant previous convictions; (ii) early cooperation with the police; (iii) difficult personal circumstances; and (iv) theft was no pursuant to financial gain but rather a series of poor decisions.  Court applied upward adjustment from starting point of cultivation of cannabis to a medium level community order to include 120 hours unpaid work requirement.  In consideration of guilty plea given at first opportunity, one-third discount from the sentence applied.  Sentenced to a community order for 12 months with 80 hours unpaid work requirement. Ordered to pay £150 prosecution costs. Court ordered forfeiture and destruction of all paraphernalia referred to by the prosecutor which relate to the offences. Make no order for compensation as there was no loss to the KEMH. £150 due within 7 days.

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Before the Summary Court on Wednesday 11 June 2025:

SUM/CRIM/07/25

R v Christopher Hawksworth. 

Mr Hawksworth was found guilty after a trial of one count of assault occasioning actual bodily harm contrary to s71 Crimes Ordinance 2014. A s.465 CPEO embargo on reporting the name of the complainant applies to this offence.  A pre-sentence report was requested.  In sentencing Mr Hawksworth, court applied the England & Wales Sentencing Guideline for assault occasioning actual bodily harm and considered the pre-sentence report dated 6 June 2025. Court found lesser culpability (culpability C) as assault impulsive and short lived, and no weapon used.  Found  category 3 harm as there was physical injury to the complainant, but limited impact as she did not need medical attention.  Category 3C offence has a starting point of a medium level community order with a sentencing range of a Band B fine to 26 weeks’ custody.   No mitigating factors apply.  Court found the following aggravating factors: (i) previous convictions for violence, (ii) domestic assault, (iii) history of violence against the complainant, and (iv) defendant under the influence of alcohol during the commission of the offence. Court applied upward adjustment from starting point to a high level community order.  Sentenced to a 2 year community order with a supervision requirement and 150 hours of unpaid work requirement.  Compensation of £675 ordered for temporary mental anxiety and physical injury caused to the complainant. £850 Prosecution costs ordered.  Total of £1,525 due immediately.

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