Falkland Islands Courts & Tribunals Service

Court List

Whenever possible, the court list will be updated by 4 pm each Friday, providing details of listings for the following week.

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Date & Time	Court	Applicant/Plaintiff	Respondent/Defendant	Description
Wednesday 15 May 2024 9:00 am	Summary	Rex	Rishon KAMOTO	SUM/CRIM/11/24 First Appearance

Weekly Summary

Weeks commencing: 6 May 2024

SUM/CRIM/09/24 R v Samuel CHAGAKA

s.465 CPEO Reporting Restriction applies

England and Wales sentencing guidelines on common assault applied.

For the first offence, the court found that the offence category was Culpability B, Harm 3 as there was one punch to the victim’s face. The starting point is a Band C fine.

For the second offence, the court found that the offence category was Culpability A, Harm 2 as this was a prolonged instance of abusive behaviour over several hours which included an element of strangulation. The starting point is a medium level community order, with a sentencing range of a low level community order to 16 weeks’ custody.

The court found that the aggravating factors are that: (i) offence committed in a domestic context, (ii) during the first assault, the defendant was under the influence of alcohol; and (iii) the victim was particularly vulnerable as she was a new comer to the Falkland Islands. In mitigation, the court considered that: (i) the defendant has no previous convictions; and (ii) expressed remorse.

The court considered the totality principle in sentencing and decided to pass sentence for the second assault which has a higher starting point and to pass no separate penalty for the first assault. The first offence was treated as an aggravating factor in the sentence for the second assault.

An upward adjustment from the starting point for the second offence is appropriate and sentence is 12 weeks’ imprisonment. The court considered the Guilty Plea entered at the earliest opportunity and reduced the sentence by one-third to eight weeks’ imprisonment.

Prosecution costs of £150 ordered.

Restraining order for 9 months made.

SUM/CRIM/10/24 R v Richard FOWLER

England and Wales sentencing guidelines on excess alcohol (drive/attempt to drive) applied.

The starting point for (88ug/100ml) breath is a Band C fine.

The court found that in aggravation that there was an unacceptable standard of driving. In mitigation that the defendant had no previous convictions and demonstrated remorse.

The court found that an upward adjustment from the starting point is appropriate and that a Band C fine of £900 is an appropriate sentence. The court considered the Guilty Plea entered at the earliest opportunity and reduced the sentence by one-third to £600.

Prosecution costs of £150 ordered.

Disqualified from driving for 12 months.

Notices

The Judiciary of the Falkland Islands

The Courts of the Falkland Islands

The Summary Court is a court of summary jurisdiction.

Judges: Justices of the Peace, advised by Legal Adviser, addressed as 'Your Worship' or 'Sir/Madam'.

Criminal proceedings: summary offences, maximum sentencing powers are 6 months imprisonment and/or £5,000 fine

Family Proceedings: applications relating to children except any application or order involving the administration or application of any property belonging to or held in trust for a child, or the income of any such property.

Civil claims: jurisdiction to deal with civil matters commenced by complaint.

Other proceedings:

Employment
Licensing

The Magistrate's Court is a court of summary jurisdiction with some appellate jursidiction.

Judge: Senior Magistrate, addressed as 'Your Honour'.

Criminal proceedings: summary offences, maximum sentencing powers are any period of imprisonment and/or a fine of any amount.

Family proceedings: jusridiction to deal with all matters except divorce/dissolution/judical separation/annulment.

Civil claims: actions up to the value of £50,000

Appellate jurisdiction:

Building Control Ordinance 1994
Children Ordinance 2014
Communications Ordinance 2017
Dangerous Goods Ordinance 1987
Electoral Ordinance 1988
Firearms and Ammunition Ordinance 1987
Licensing Ordinance 1994
Prohibited Goods Ordinance 1992
Road Traffic (Provisional) Regulations Order 1986

The Supreme Court is a court of unlimited jurisdiction and is a court of record.

Judges: Chief Justice or Acting Judge, addressed as 'My Lord/My Lady'.

Criminal proceedings: The Supreme Court has two jurisdictions in criminal proceedings;

1) Court of First Instance for indictment offences. The Judge may sit alone or with a Jury. Sentencing powers are unlimited.

2) Appeallate jurisdiciton from the Summary Court or the Magistrate's Court. Appeals are on the papers, not a re-hearing.

Family proceedings: The Supreme Court has two jursidictions in family proceedings;

1) Court of First Instance for divorce/dissolution/judicial separation/annulment also for matters which require the use of the court's inherent jurisdiciton (e.g. Wardship).

2) Appellate jurisdiction from the Summary Court or the Magistrate's Court.

Civil proceedings:

Claims over £50,000
Probate
Judicial Review
Constitutional References
Admiralty
Bankruptcy
Court of Protection

The Judicial Committee of the Privy Council is the highest appeal court for the Falkland Islands. It sits in the Supreme Court in London and is usually presided over by Justices of The Supreme Court.

For more information click here

The Coroner's Court is a court of inquiry into deaths.

Judge: His Majesty's Coroner

The purpose of the Coroner's Court is to enquire into sudden, unexpected or violent deaths.

There is no appeal from the Coroner's Court but it may be possible for the Supreme Court to review decisions of HM Coroner.