2004

Importation of Class A drugs - application for leave to appeal against sentence - contention that drug was for personal consumption - not an extenuating circumstance, except in very small quantities - leave granted - appeal dismissed

Guernsey Judgment 68/2004

08.07.2004

Marcio Manuel Moniz Martins v Law Officers of the Crown

Court of Appeal

Possession of Class A drug with intent to supply - application for leave to appeal against sentence - whether simply a custodian rather than a courier - leave refused

Guernsey Judgment 67/2004

08.07.2004

Joe Willis de Garis v Law Officers of the Crown

Court of Appeal

Grievous bodily harm - appeal against sentence - no general principle that a young person must necessarily receive a shorter sentence - appeal refused

Guernsey Judgment 63/2004

09.11.2004

Castle Company Management LLc Limited v Guernsey Financial Services Commission

Court of Appeal

Regulation of Fiduciaries, Administration Businesses and Company Directors, etc., (Bailiwick of Guernsey) Law, 2000 - appeal from dismissal of appeal to the Royal Court (See Judgment 36/2004) - appeal dismissed

Guernsey Judgment 62/2004

16.12.2004

Ferbrache et al (Ozannes) v Dinning

Court of Appeal

Appeal from order restraining Advocates from acting (See Judgment 37/2004) - position of advocate acting both for the plaintiffs in an action against the present respondent, and for a former partner of the respondent in matrimonial proceedings - restraint order set aside on conditions - firm permitted to continue to act for the plaintiffs but the advocate in question to take no part, directly or indirectly in the substantive action

Guernsey Judgment 61/2004

16.12.2004

Law Officers of the Crown v Robin John Hutchinson

Court of Appeal

Drug Trafficking (Bailiwick of Guernsey) Law, 2000 - appeal from confiscation order in the sum of £89,033 made by the Royal Court - assessment of proceeds of drug trafficking - issues of fact to be decided by the Jurats - civil standard of proof applicable - appeal dismissed - delivery of reasons for the Jurats' verdict or verdicts on applications for confiscation orders - concern at expenditure on legal aid

Guernsey Judgment 40/2004

15.09.2004

Law Officers of the Crown v Richard Peter Barnes

Court of Appeal

Rape - applications for leave to appeal from conviction and sentence before the Royal Court - review of the requirements of a direction to a jury (or to Jurats) - no material misdirection - Jurats entitled to reach the conclusion which they did - no withholding by prosecution of any information which should have been disclosed to the defence at an earlier stage - application of the Millberry guidelines as to sentence - both applications dismissed

Guernsey Judgment 39/2004

15.09.2004

A Limited and B Limited v HM Procureur

Court of Appeal

Criminal Justice (Fraud Investigations) (Bailiwick of Guernsey) Law, 1991 - notice by HM Procureur requiring disclosure of information - appellants applied unsuccessfully to Royal Court for permission to inform the trust beneficiaries of the notice - 'tipping-off' offences provided for under the 1991 Law - duties of a trustee under the Trusts (Guernsey) Law, 1989 - appeal dismissed

Guernsey Judgment 32/2004

08.07.2004

States of Guernsey v Jersey Fishermens Association Limited et al

Court of Appeal

Judicial Review - Sea Fish Licensing (Guernsey) Ordinance, 2003 - upon judicial review, declared invalid - application that, pending appeal, the Ordinance be deemed effective within the three mile limit - balance of convenience - alternative tests of textual and substantial severance - application granted and Ordinance to have effect subject to Schedule of Deletions [See also Judgment 30/2004]

Guernsey Judgment 19/2004

21.04.2004

A v A

Court of Appeal

Matrimonial Law - judicial separation by consent - unsuccessful application to Royal Court to set aside - Appeal to Court of Appeal - submissions that procedure unfair, terms unduly onerous and the decree a nullity - review of the law on judicial separation by consent - court needs to be satisfied that the proposed terms reflect the genuine desire of both parties - judicial separation by consent a well established procedure - appeal dismissed

Guernsey Judgment 12/2004

-

Sarah Elizabeth Young v Law Officers of the Crown

Court of Appeal

Theft - appeal from conviction - the test as set out in the appeal of Ogier and Le Noury (1989) 7. GLJ - ample evidence on which the Jurats could have reached guilty verdicts - appeal dismissed

Guernsey Judgment 11/2004

21.04.2004

Edward Michael Ratcliffe v Law Officers of the Crown

Court of Appeal

Magistrate's Court (Criminal Appeals) (Guernsey) Law, 1988 - unsuccessful application to the Royal Court for leave to appeal from conviction on a plea of guilty - decision of the Court of Appeal in Snowdon's appeal (1996) 22. GLJ 19, followed - appeal dismissed for want of jurisdiction

Guernsey Judgment 10/2004

20.04.2004

Peter David Lofthouse v Law Officers of the Crown

Court of Appeal

Importation of Class B drug - sentence - nearly 4 kg of cannabis resin imported by applicant and co-accused - whether disparity of sentence - test to be applied - application dismissed

Guernsey Judgment 9/2004

20.04.2004

Stephen Pateman v Law Officers of the Crown

Court of Appeal

Importation of Class A drug - sentence - 5099 tablets of MDMA - the Richards guidelines (2002) - one quarter reduction for plea of guilty - drugs found in circumstances which left no real alternative than to plead guilty - no additional credit for facts revealed in social enquiry report - appeal dismissed

Guernsey Judgment 8/2004

20.04.2004

Michelle Weaver v Law Officers of the Crown

Court of Appeal

Importation of Class A drug - sentence - 4100 tablets of MDMA - the Richards guidelines (2002) - starting point of 13 years - one third deduction for plea of guilty - whether disparity of sentence with co-accused - application for leave to appeal dismissed