Below is the weekly 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.

Week commencing: 10 March 2025

SUM/CRIM/03/25 R v Terrence Browning

Defendant entered a guilty plea to careless driving. Court applied the England & Wales Sentencing Guideline for Careless Driving, which is applicable in the Falkland Islands. Found that this was a Category 3 offence with lower culpability and lesser harm.  Starting point for this sentence category is a Band A fine. Court considered in aggravation that 3 year old in car with defendant. Court considered in mitigation that defendant: (i) has no relevant previous convictions, (ii) has a favourable employment reference; (iii) has a diagnosis affecting decision making ability; and (iv) main source of income is driving. In consideration of the aggravating and mitigating factors, no adjustment from starting point of Band A fine being 50% of weekly income applied. 50% of weekly income is £300. One-third discount applied for guilty plea given at earliest opportunity and fine therefore reduced to £200.  Ordered to pay £150 towards prosecution costs and licence endorsed. £50 due at the end of each month until total of £350 paid.

SUM/CRIM/04/25 R v Donovan Anderson Mufweba Hector

Defendant entered guilty pleas to perverting the course of justice and no insurance. England and Wales Sentencing Guideline for perverting the course of justice applied, and in consideration of the culpability and harm factors present in the offending, court found that this was a Category 3C offence. Court found lower culpability as the false statement made to the police was withdrawn the following day; and the offence of permitting another to drive his vehicle without insurance is a less serious offence. There was category 3 harm as limited impact and delay caused to the administration of justice. A category 3C offence has a starting point of a 6 months’ custody. In consideration of the totality principle, the court decided to pass sentence only for perverting the course of justice with the offence of no insurance as an aggravating factor. Other aggravating factors were that: (i) the police offered the defendant opportunities to correct himself; and (ii) there was an element of calculation in the defendant’s inquiry of whether CCTV footage was available. In mitigation, the court considered that: (i) the defendant has no previous convictions; (ii) expressed remorse; and (iii) reimbursed the damage caused. Court applied a downward adjustment from the starting point of 6 months’ imprisonment to a high level community order. Guilty plea given at first opportunity taken into account and a one-third discount applied to sentence. A high level community order has up to 300 hours of unpaid work. Unpaid work requirement therefore reduced to 200 hours and must be completed within 12 months. Ordered to pay £150 prosecution costs in instalments of £50 at the end of each month until full payment made and licence endorsed.

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

16:00 Thursday 13th March 2025

Reference: SUM/LIC/15/25

Applicant: Guillermo Baigorri

Application: Application for an EXTENSION OF PERMITTED HOURS for Live Music Night on Saturday 29 March 2025 from 23:30 to 00:30 (Sun 30 Mar 25)

Premises: The Narrows, 39 Ross Road East, Stanley

09:00 Wednesday 19th March 2025

Reference: SUM/LIC/16/25

Applicant: Guillermo Baigorri

Application: Application for an EXTENSION OF PERMITTED HOURS for Sullivan Shipping End of Season Party on Friday 4 April 2025 from 23:30 to 00:30 (Sat 5 April 25)

Premises: The Narrows, 39 Ross Road East, Stanley