Judgments
Criminal Jurisdiction
On this page you will find a selection of judgments from the criminal jurisdiction of our courts in chronological order, with the most recent at the top. Each judgment has some key words to assist with searches.
AB v Attorney General of the Falkland Islands [2021]
Magistrate's Court
Application to vary Sexual Offences Prevention Order - Sexual Offences Ordinance 2005 - Oppressive Conditions - Necessity and Proportionality
R v Izeta Escudero [2020]
Magistrate's Court
Sentencing - Assault Occassioning Actual Bodily Harm
R v Mansilla Curill [2020]
Magistrate's Court
Sentencing - Assault Occassioning Actual Bodily Harm
R v Sotomayor Morales [2020]
Magistrate's Court
Sentencing - Assault Occassioning Actual Bodily Harm
R v Ball [2020]
Magistrate's Court
Sentencing - Violent Disorder
R v Duncan [2020]
Magistrate's Court
Sentencing - Violent Disorder
R v Goldsworthy [2020]
Magistrate's Court
Sentencing - Violent Disorder
R v Short [2020]
Supreme Court (1st Instance)
Criminal Law - No Case To Answer - Doli Incapax
Layne v R [2020]
Supreme Court (Appellate)
Appeal - Conviction & Sentence - Sexual Assault
Duvall v R [2019]
Supreme Court (Appellate)
Appeal - Abuse of Process
Barton v Chief of Police [2018]
Summary Court
Bail - Application To Vary Police Bail (Pre-Charge) - Jurisdiction of Court - Application In Private or Public
R v (1) Golden Touza and (2) Vasquez Seijo [2018]
Magistrate's Court
Fisheries - Fisheries Reports - Recklessness
Butler v R [2018]
Court of Appeal
Jury - Verdict - Inconsistent Verdicts
Evidence - Exclusion of Evidence - Application To Exclude Evidence Relating To Alleged Offending Not Before The Jury
R v Butler [2018]
Supreme Court (1st Instance)
Sentencing - Rape - Historic Offending
R v Butler [2018]
Supreme Court (1st Instance)
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
Alfred v R [2018]
Court of Appeal
Criminal Appeal - Application to Adduce Fresh Evidence - Relevance of Fresh Evidence To Trial Issue
Finlay v R [2018]
Supreme Court (Appellate)
Criminal Procedure - Evidence - Joinder of Charges
R v McGill [2018]
Supreme Court (1st Instance)
Criminal Law - Alleged Historic Sexual Offending - Whether Offending Made Out On The Evidence
R v Alfred [2017]
Supreme Court (1st Instance)
Criminal Law - Attempted Rape - Directions To Judge Sitting Alone
R v Hewitt [2017]
Court of Appeal (Sentence)
Appeal of Sentence - Credit for Guilty Plea - Partly Suspended Sentence
R v Ford [2017]
Supreme Court (1st Instance)
Sentencing - Rape - Assault By Penetration
R v Hopkins [2016]
Supreme Court (1st Instance)
Sentencing - Sexual Assault - Deterrence
R v (1) Freiremar SA (2) Sulivan Shipping Services Limited (3) Baston [2016]
Magistrate's Court
Sentencing - Fisheries Offences - Providing False Reports To The Director
R v (1) Pesquerias Marineses SA (2) FIBOW Limited (3) Chouza (4) Recaman & (5) Gomez [2016]
Magistrate's Court
Sentencing - Fisheries Offences - Fishing Without Licences And Providing False Reports To The Director
R v Sulivan Shipping Limited [2016]
Magistrate's Court
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 [2016]
Magistrate's Court
Sentencing - Blackmail - Perverting The Course Of Justice
R v Triggs [2016]
Magistrate's Court
Animal Welfare - Sheep - Shearing Of Sheep
(1) Morris (2) McKay (3) Stewart (4) Duvall (5) McMullen (6) Francis (7) Bonner v R [2015]
Supreme Court (Appellate)
Statutory Interpretation - Modification Or Augmentation Of Imperial Enactments - Protection From Harassment Act 1997
Miller v Chief Of Police [2015]
Magistrate's Court
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
R v (1) Zhen Man Fishery Company Limted and (2) Wu [2013]
Magistrate's Court
Statutory Interpretation - Fisheries Regulations - Resoution Of Contradictory Provisions Regarding Penalty In Re-enacted Ordinance
Thomas v R [2013]
Supreme Court (Appellate)
Criminal Appeal - Whether Evidence Sufficient To Support Conviction - Whether Sentence Manifestly Excessive
R v Thomas [2013]
Magistrate's Court
Sentencing - Sexual Offending Upon A Child - Appropriate Sentence
R v Newton [2011]
Supreme Court (1st Instance)
Sentencing - Sexual Activity With Children - Appropriate Sentence
R v Harvey [2011]
Magistrate's Court
Sentencing - Sexual Grooming - Sexual Touching Of A Youth
R v Cancino [2010]
Supreme Court (Review)
Criminal Law - Sexual Touching - Meaning Of 'Sexual'
R v May [2008]
Magistrate's Court
Criminal Law - Causing Death By Dangerous Driving - Whether Circumstances Of Case Amounted To Reckless Driving
R v Morris [2006]
Magistrate's Court
Criminal Law - Perverting The Course Of Justice - Whether Offending Made Out On Evidence
R v (1) Gayo & (2) Prion Limited [2000]
Magistrate's Court
Sentencing - Fisheries Offences - Fishing Without a Licence
R v Curtis [1994]
Supreme Court (Review)
Sentencing - Professional Duties Of Advocates To The Court - Court To Comply With Procedural Requirements Relating to Detention Of Young Offenders
R v Hobman [1994]
Supreme Court (Review)
Setencing - Road Traffic Offences - Financial Penalties Imposed Following Inquiry In To Means Not Disturbed Upon Review
R v (1) Clifton (2) McGill & (3) Sackett [1988]
Supreme Court (Review)
Licensing - Prohibition Orders - Whether Correct To Impose Prohibition Order At Sentence In Respect Of An Offence Of Criminal Damage
R v Sei-Jung Kim [1988]
Supreme Court (Review)
Sentencing - Fisheries Offences - Requirement For Financial Penalty To Be Commensurate With Defendant's Means
Moyce v R [1987]
Supreme Court (Appellate)
Using a False Instrument - Intent - Requirement For Secondary Intent That A Person Accepts False Instrument To His Prejudice
Minto v R [1981]
Court of Appeal
Jury Trial - Jurors - Knowledge Of Defendant Does Not Necessarily Lead To Inability To Reach Impartial Verdict