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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

 

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Alfred v R (Court of Appeal) [2018]
Created: Tuesday, 24 July 2018 10:58 | Size: 238.95 KB

 

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

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Barton v Chief of Police [2018]
Created: Monday, 24 September 2018 11:29 | Size: 61.06 KB

 

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

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Butler v R (Court of Appeal) [2018]
Created: Wednesday, 01 August 2018 14:51 | Size: 292.07 KB

 

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

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Commissioner of Taxation v A [2017]
Created: Tuesday, 24 July 2018 11:02 | Size: 142.5 KB

 

Duvall v R [2019] (Supreme Court)

Appeal on abuse of process

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Duvall v Crown
Created: Thursday, 16 May 2019 13:16 | Size: 267.84 KB

 

 

Falkland Islands Company v R [1864]

Wild animals - Right to capture - Grant from Crown

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Falkland Islands Company v R [1864]
Created: Monday, 22 June 2015 15:10 | Size: 369.82 KB

 

Finlay v R [2018]

Criminal procedure – Evidence – Joinder of charges

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Finlay v R [2018]
Created: Tuesday, 24 July 2018 13:39 | Size: 248.05 KB

 

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

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Hansen v R [2018]
Created: Monday, 26 November 2018 15:06 | Size: 360.1 KB

 

Layne v R [2020]

 Appeal - conviction & sentence

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Layne, Anto v R [2020]
Created: Friday, 19 June 2020 13:02 | Size: 222.26 KB

 

McKay and Turner v Chief of Police [2015]

Firearms licensing – Appeal against revocation or refusal to grant or renew a licence – Appeal procedure

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McKay & Turner v Chief of Police [2015]
Created: Friday, 21 August 2015 10:09 | Size: 252.99 KB

 

Middleton v R [1999]

Employment protection – Exclusion of public servants from pursuing claims under Employment Protection Ordinance – Whether exclusion compatible with Constitution

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Middleton v R [1999]
Created: Monday, 13 July 2015 14:30 | Size: 573.22 KB

 

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

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Miller v Chief of Police [2015]
Created: Tuesday, 23 June 2015 16:05 | Size: 367.15 KB

 

Minto v R [1981]

Jury trial – Jurors – Knowledge of defendant does not necessarily lead to inability to reach impartial verdict

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Minto v R [1981]
Created: Monday, 13 July 2015 14:34 | Size: 87.14 KB

 

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

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Morris & Ors. v R [2015]
Created: Tuesday, 24 July 2018 13:56 | Size: 30.91 KB

 

Moyce v R [1987]

Using a false instrument – Intent – Requirement for secondary intent that a person accepts false instrument to his prejudice

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Moyce v R [1987]
Created: Monday, 22 June 2015 15:11 | Size: 70.61 KB

 

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

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R v Alfred [2017]
Created: Tuesday, 28 August 2018 16:06 | Size: 225.45 KB

 

R v Ball [2020]

Criminal law - sentencing - violent disorder

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R v Ball, Sonny Hoani
Created: Wednesday, 12 August 2020 15:57 | Size: 330.42 KB

 

R v Duncan [2020]

Criminal law - sentencing - violent disorder

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R v Duncan, Chassy Mcallister Ford
Created: Wednesday, 12 August 2020 15:58 | Size: 332.02 KB

 

R v Finlay [2017]

Criminal law - Indecent assault - Directions to judge sitting alone

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R v Finlay [2017]
Created: Friday, 24 August 2018 08:33 | Size: 183.89 KB

 

R v Freiremar SA(1), Sulivan Shipping Services Limited(2), Baston(3) [2016]

Sentencing – Fisheries offences – Providing false reports to Director

 

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R v Freiremar SA, Sulivan Shipping Services Ltd & Baston [2016]
Created: Friday, 08 July 2016 14:19 | Size: 79.93 KB

 

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

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R v Butler (ruling on sentencing) [2018]
Created: Tuesday, 24 July 2018 15:58 | Size: 119.8 KB

 

R v Butler (sentencing remarks) [2018]

Sentencing – Rape – Historic offending

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R v Butler (sentencing remarks) [2018]
Created: Tuesday, 24 July 2018 16:04 | Size: 167.57 KB

 

R v Cancino [2010]

Criminal law – Sexual touching – Meaning of ‘sexual’

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R v Cancino [2010]
Created: Monday, 13 July 2015 14:45 | Size: 44.32 KB

 

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

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R v Clifton, McGill and Sackett [1988]
Created: Monday, 22 June 2015 15:12 | Size: 39.12 KB

 

R v Curtis [1994]

Sentencing – Professional duties of advocates to the court – Court to comply with procedural requirements relating to detention of young offenders

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R v Curtis [1994]
Created: Monday, 13 July 2015 14:45 | Size: 121.08 KB
 

 

R v Ford [2017]

Sentencing – Rape – Assault by penetration

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R v Ford [2017]
Created: Tuesday, 24 July 2018 16:04 | Size: 66.14 KB

 

R v Golden Touza Limited & Vazquez Seijo

 Fisheries - Fisheries reports - Recklessness

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R v Golden Touza Ltd & Vazquez Seijo [2018]
Created: Tuesday, 14 August 2018 11:02 | Size: 252.07 KB
 

 

R v Goldsworthy [2020]

Criminal law - sentencing - violent disorder

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R v Goldsworthy, Samuel James
Created: Wednesday, 12 August 2020 15:59 | Size: 334.48 KB

 

R v Harvey [2011]

Sentencing – Sexual grooming – Sexual touching of a youth

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R v Harvey [2011]
Created: Tuesday, 12 July 2016 10:06 | Size: 144.46 KB

 

R v Hewitt [2017]

Criminal procedure – Judiciary – Discretion of Chief Justice to appoint Acting Judge to conduct trial

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R v Hewitt [2017]
Created: Tuesday, 24 July 2018 16:03 | Size: 14.94 KB

 

R v Hewitt (No.2) [2017]

Sentencing – Sexual offences – Appropriate credit for guilty plea

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R v Hewitt (No.2) [2017]
Created: Tuesday, 24 July 2018 15:54 | Size: 23.52 KB

 

R v Hobman [1994]

Sentencing – Road traffic offences – Financial penalties imposed following inquiry in to means not disturbed upon review

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R v Hobman [1994]
Created: Monday, 13 July 2015 14:46 | Size: 60.01 KB

 

R v Hopkins [2016]

Sentencing – Sexual assault - Deterrence

 

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R v Hopkins [2016]
Created: Tuesday, 24 July 2018 16:16 | Size: 52.11 KB

 

R v May [2008]

Criminal law – Causing death by reckless driving – Whether circumstances of case amounted to reckless driving

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R v May [2008]
Created: Monday, 22 June 2015 16:27 | Size: 145.41 KB

 

R v McGill [2018]

Criminal law – Alleged historic sexual offending – Whether offending made out on evidence

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R v McGill [2018]
Created: Tuesday, 24 July 2018 16:05 | Size: 85.53 KB

 

R v McLaren [2013]

Statutory interpretation – Modification or augmentation of Imperial enactments – Whether Protection From Harassment Act 1997 augments earlier enactments

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R v McLaren [2013]
Created: Tuesday, 23 June 2015 15:59 | Size: 270.07 KB

 

R v Morris [2006]

Criminal law – Perverting the course of justice – Whether offending made out on evidence

pdf     
R v Morris [2006]
Created: Tuesday, 12 July 2016 09:33 | Size: 298.42 KB

 

R v Newton [2011]

Sentencing – Sexual activity with children – Appropriate sentence

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R v Newton [2011]
Created: Monday, 13 July 2015 14:46 | Size: 26.25 KB

 

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

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R v Pesquerias Marinenses SA & Ors. [2016]
Created: Tuesday, 24 July 2018 15:59 | Size: 126.52 KB

 

R v Prion Limited & R v Gaylo [2000]

Sentencing – Fisheries offences – Fishing without licence

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R v Prion Limited & R v Gaylo [2000]
Created: Tuesday, 24 July 2018 16:07 | Size: 234.32 KB

 

R v Sei-Jung Kim [1988]

Sentencing – Fisheries offences – Requirement for financial penalty to be commensurate with defendant’s means

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R v Sei-Jung Kim [1988]
Created: Monday, 13 July 2015 14:47 | Size: 100.07 KB

 

R v Short [2020]

Criminal law - no case to answer - doli incapax

 

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R v Short, John Mark
Created: Wednesday, 12 August 2020 16:07 | Size: 555.84 KB

 

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

pdf     
R v Sulivan Shipping Services Limited [2016]
Created: Friday, 08 July 2016 09:58 | Size: 98.21 KB

 

R v Thomas [2013]

Sentencing – Sexual offending upon a child – Appropriate sentence

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R v Thomas [2013]
Created: Tuesday, 12 July 2016 14:49 | Size: 75.38 KB

 

Thomas v R [2013]

Criminal appeal – Whether evidence sufficient to support conviction – Whether sentence manifestly excessive

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Thomas v R [2013]
Created: Tuesday, 12 July 2016 11:09 | Size: 122.88 KB

 

R v Thomas [2016]

Sentencing – Blackmail – Perverting the course of justice

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R v Thomas [2016]
Created: Tuesday, 24 July 2018 15:59 | Size: 281.54 KB

 

R v Triggs [2016]

 Animal Welfare - Sheep - Shearing of sheep

pdf     
R v Triggs [2016]
Created: Tuesday, 14 August 2018 11:11 | Size: 47.93 KB

 

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

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R v Zhen Man Fishery Company Limited and Sheng Hsing Wu [2013]
Created: Friday, 20 September 2013 14:25 | Size: 49.85 KB

 

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

pdf     
Re A and B (Judgment on Publication) [2013]
Created: Wednesday, 18 September 2013 15:24 | Size: 150.98 KB

 

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

pdf     
Re A and B (Wardship and Supervision Order) [2013]
Created: Wednesday, 18 September 2013 15:20 | Size: 171.54 KB

 

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

 

pdf     
Royal Falkland Islands Police v Freeman [2012]
Created: Tuesday, 12 July 2016 15:44 | Size: 135.17 KB

 

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

pdf     

 

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

 
pdf     
Wilkinson, Robert John (COR/03/20)
Created: Wednesday, 22 July 2020 12:17 | Size: 456.9 KB

 

Wilkinson, Robert John [2020]

Inquest - Coroner's Findings - suicide

pdf     
Wilkinson, Robert John (COR/03/20)
Created: Wednesday, 22 July 2020 12:08 | Size: 400.14 KB

 

Williams v R [2005]

Criminal procedure – Appeals – Procedure on appeal from a court of summary jurisdiction to the Supreme Court

pdf     
Williams v R [2005]
Created: Tuesday, 23 June 2015 15:54 | Size: 47.73 KB