Judgments
R(SGF) Ltd v Director of Fisheries South Georgia
Alfred v R (Court of Appeal) [2018]
Criminal appeal - application to adduce fresh evidence - Relevance of fresh evidence to trial issue
Barton v Chief of Police [2018]
Bail - Application to vary conditions of pre-charge police bail - Jurisdiction to hear application
Bail - Application to vary conditions of pre-charge police bail - Whether application to be heard in private
Butler v R (Court of Appeal) [2018]
Jury - Verdict - Inconsistent verdicts
Evidence - Exclusion of evidence - Application to exclude evidence relating to alleged offending not before the jury
Commissioner of Taxation v A [2017]
Income Taxation - 'Ordinarily resident' for purposes of taxation - Exercise of Commissioner's discretion as to absences from the jurisdiction
Duvall v R [2019] (Supreme Court)
Appeal on abuse of process
Falkland Islands Company v R [1864]
Wild animals - Right to capture - Grant from Crown
Finlay v R [2018]
Criminal procedure – Evidence – Joinder of charges
Geophysical Service Incorporated (a company incorporated in Canada) v Her Majesty in Right of Her Government of the Falkland Islands [2016]
Exploration licence – Construction of licence – Whether licence is a public law instrument
Geophysical Service Incorporated (a company incorporated in Canada) v Her Majesty in Right of Her Government of the Falkland Islands (judgment of the Court of Appeal) [2018]
Exploration licence – Construction of licence – Whether licence is a public law instrument
Geophysical Service Incorporated (a company incorporated in Canada) v Her Majesty in Right of Her Government of the Falkland Islands (judgment of the Court of Appeal on costs) [2018]
Costs – Issues on appeal – Whether unsuccessful party entitled to costs in respect of secondary arguments raised
Hansen v R [2018]
Sentence - Suspended sentence of imprisonment - Requirement to consider possibility of suspended sentence of imprisonment
Layne v R [2020]
Appeal - conviction & sentence
McKay and Turner v Chief of Police [2015]
Firearms licensing – Appeal against revocation or refusal to grant or renew a licence – Appeal procedure
Middleton v R [1999]
Employment protection – Exclusion of public servants from pursuing claims under Employment Protection Ordinance – Whether exclusion compatible with Constitution
Miller v Chief of Police [2015]
Disqualification from driving - Application for early removal of disqualification - Court having no power to consider early removal of a disqualification not imposed under the Road Traffic Ordinance 1948
Minto v R [1981]
Jury trial – Jurors – Knowledge of defendant does not necessarily lead to inability to reach impartial verdict
Morris(1), McKay(2), Stewart(3), Duvall(4), McMullen(5), Francis(6), Bonner(7) v R [2015]
Statutory interpretation – Modification or augmentation of Imperial enactments – Whether Protection From Harassment Act 1997 augments earlier enactments
Moyce v R [1987]
Using a false instrument – Intent – Requirement for secondary intent that a person accepts false instrument to his prejudice
R (on the application of Copemar S.A and the Beauchene Fishing Company Limited) v The Director of Fisheries of the Government of South Georgia and the South Sandwich Islands [2011]
Costs – Indemnity costs – No award where paying party not on notice of application
R (on the application of Isla Alegranza) v The Director of Fisheries of the Government of South Georgia and the South Sandwich Islands [2006]
Fisheries – Licences – Lawfulness of allocation policy based on rewarding states supportive of United Kingdom’s policy objectives
R (on the application of Michael Charles Bingham) v Her Majesty's Attorney General for the Falkland Islands [2003]
Falkland Islands Status – Freedom of expression – Constitutional requirement for freedom of expression to be respected in determining application for Falkland Islands Status; The Governor – Constitutional convention – Governor not required to act in accordance with advice of Executive Council
R (on the application of Quark Fishing Limited) v The Director of Fisheries of the Government of South Georgia and the South Sandwich Islands [2012]
Fisheries – Licences – Whether applicant has legitimate expectation that criteria for grant would not be altered without prior consultation
R (on the application of SGF Ltd) v The Director of Fisheries of the Government of South Georgia and the South Sanwich Islands [2018]
Judicial review - Leave - Application to set aside leave
R v Alfred [2017]
Criminal law – Attempted rape – Directions to judge sitting alone
R v Ball [2020]
Criminal law - sentencing - violent disorder
R v Duncan [2020]
Criminal law - sentencing - violent disorder
R v Finlay [2017]
Criminal law - Indecent assault - Directions to judge sitting alone
R v Freiremar SA(1), Sulivan Shipping Services Limited(2), Baston(3) [2016]
Sentencing – Fisheries offences – Providing false reports to Director
R v Butler (ruling on sentencing) [2018]
Sentencing – Sentencing guidelines – Whether correct to modify starting point in English sentencing guidelines to account for greater proportion of custodial sentence served in custody in the Falkland Islands
R v Butler (sentencing remarks) [2018]
Sentencing – Rape – Historic offending
R v Cancino [2010]
Criminal law – Sexual touching – Meaning of ‘sexual’
R v Clifton, McGill and Sackett [1988]
Licensing – Prohibition Orders – Whether correct to impose Prohibition Order at sentence in respect of an offence of criminal damage
R v Curtis [1994]
Sentencing – Professional duties of advocates to the court – Court to comply with procedural requirements relating to detention of young offenders
R v Ford [2017]
Sentencing – Rape – Assault by penetration
R v Golden Touza Limited & Vazquez Seijo
Fisheries - Fisheries reports - Recklessness
R v Goldsworthy [2020]
Criminal law - sentencing - violent disorder
R v Harvey [2011]
Sentencing – Sexual grooming – Sexual touching of a youth
R v Hewitt [2017]
Criminal procedure – Judiciary – Discretion of Chief Justice to appoint Acting Judge to conduct trial
R v Hewitt (No.2) [2017]
Sentencing – Sexual offences – Appropriate credit for guilty plea
R v Hobman [1994]
Sentencing – Road traffic offences – Financial penalties imposed following inquiry in to means not disturbed upon review
R v Hopkins [2016]
Sentencing – Sexual assault - Deterrence
R v May [2008]
Criminal law – Causing death by reckless driving – Whether circumstances of case amounted to reckless driving
R v McGill [2018]
Criminal law – Alleged historic sexual offending – Whether offending made out on evidence
R v McLaren [2013]
Statutory interpretation – Modification or augmentation of Imperial enactments – Whether Protection From Harassment Act 1997 augments earlier enactments
R v Morris [2006]
Criminal law – Perverting the course of justice – Whether offending made out on evidence
R v Newton [2011]
Sentencing – Sexual activity with children – Appropriate sentence
R v Pesquerias Marinenses SA(1), FIBOW Limited(2), Chouza(3), Recaman(4), Gomez(5) [2016]
Sentencing – Fisheries offences – Fishing without licences and providing false reports to the Director
R v Prion Limited & R v Gaylo [2000]
Sentencing – Fisheries offences – Fishing without licence
R v Sei-Jung Kim [1988]
Sentencing – Fisheries offences – Requirement for financial penalty to be commensurate with defendant’s means
R v Short [2020]
Criminal law - no case to answer - doli incapax
R v Sulivan Shipping Services Limited [2016]
Statutory interpretation – Fisheries regulations – Whether offences created under regulations made under repealed Ordinance shall be considered to be made under re-enacted Ordinance
R v Thomas [2013]
Sentencing – Sexual offending upon a child – Appropriate sentence
Thomas v R [2013]
Criminal appeal – Whether evidence sufficient to support conviction – Whether sentence manifestly excessive
R v Thomas [2016]
Sentencing – Blackmail – Perverting the course of justice
R v Triggs [2016]
Animal Welfare - Sheep - Shearing of sheep
R v Zhen Man Fishery Company Limited and Sheng Hsing Wu [2013]
Statutory interpretation – Fisheries regulations – Resolution of contradictory provisions regarding penalty in re-enacted Ordinance
Re A and B (Judgment on Publication) [2013]
Family law – Publication of judgments – Public interest in publication in a case illustrating considerable problems in the provision of social services and child protection
Re A and B (Wardship and Supervision Order) [2013]
Family law – Care proceedings – When appropriate to make child ward of court when care proceedings have been brought
Royal Falkland Islands Police v Freeman [2012]
Dogs – Order for dog to be kept under control – Prerequisite to making of order that dog is at that time not being kept under proper control
South Atlantic Marine Services Limiited v The Director of Fisheries of the Falkland Islands [2007]
Fisheries – Fisheries Dispute Commission – Whether Commission has jurisdiction to review percentage quota allocations
Steen v Anderson, Clingham and The Attorney General for the Falkland Islands [1995]
Tort – Fatal accidents - Damages
Teal Inlet Limited and Trustee and Members of the Falkland Islands Angling Club v Summers (as Executrix of the estate of Newman, Deceased) [1992]
Land law – Easements – Riparian ownership
Wilkinson, Robert John [2020]
Article 2 European Convention on Human Rights - sections 1 and 2 Falkland Islands Consitution Order 2008 - breach of obligations
Wilkinson, Robert John [2020]
Inquest - Coroner's Findings - suicide
Williams v R [2005]
Criminal procedure – Appeals – Procedure on appeal from a court of summary jurisdiction to the Supreme Court