2005

Importation of Class B drugs - sentence appeal - application of guidelines in Richards and Turner - appropriate starting point - appeal dismissed.

Guernsey Judgment 68/2005

15.12.2005

States of Guernsey v Miller and Baird (C.I.) Limited

Court of Appeal

Arbitration (Guernsey) Laws 1982 to 1986 - Appeal by the States from dismissal by Royal Court of application for stay of proceedings - allegation by respondent/plaintiff that the States had no defence to the action - summary judgment application pending - whether judicial discretion properly exercised - leave to appeal granted, appeal allowed and action stayed. (See Judgments 51, 57 and 59 of 2005.)

Guernsey Judgment 44/2005

20.07.2005

C v C

Court of Appeal

Matrimonial Causes (Guernsey Law, 1939 - construction of Article 47 'contributions for support' - held that the natural meaning of 'support' includes payments to discharge debts of the other party - matter remitted to the Royal Court.

Guernsey Judgment 43/2005

20.07.2005

J R Ingram v Law Officers of the Crown

Court of Appeal

Importation of heroin - appeal against sentence - relevance of previous convictions to the starting point - disparity will not run as between unrelated cases where the court is not fully apprised of all relevant matters in the case with which comparison is made - appeal dismissed.

Guernsey Judgment 42/2005

20.07.2005

G M McKenna v Law Officers of the Crown

Court of Appeal

Possession of class A drug with intent to supply - appeal against conviction and application for leave to appeal against sentence - standard of summing up - whether material non-disclosure by prosecution - whether the prosecution case was such that the verdict could not be supported - appeal and application for leave to appeal both dismissed.

Guernsey Judgment 34/2005

09.06.2005

States of Guernsey v Jersey Fishermen's Association Limited et al

Court of Appeal

Sea Fish Licensing (Guernsey) Ordinance, 2003 - whether ultra vires - appeal from judicial review by Royal Court (see Judgments 30/2004 and 32/2004) - Guernsey, British and European sea fisheries legislation reviewed - Ordinance making powers of the States - extra-territorial operation - no abuse of power - no case of bad faith made out - Ordinance held to be lawful.

Guernsey Judgment 18/2005

06.04.2005

J L Seale v Law Officers of the Crown

Court of Appeal

(i) Importation of Class B drug - appeal against conviction - adequacy of the summing up - no obligation on judge to put every point raised by the defence - appeal against conviction dismissed. (ii) Appeal against sentence - correct starting point of 9 years' imprisonment - insufficient allowance for time saved by Appellant's admissions - sentence reduced from 8 years 9 months to 8 years.

Guernsey Judgment 17/2005

05.04.2005

Systems Design Limited et al v The President of the States of Equatorial Guinea et al

Court of Appeal

Norwich Pharmacal disclosure order - appeal from orders of the Royal Court - practice of applying for ex parte orders to be re-assessed - appeal allowed and application for Norwich Pharmacal disclosure dismissed - leave to appeal to the Judicial Committee refused. (See also Judgment 53/2004.)

Guernsey Judgment 6/2005

20.01.2005

Pirito v Curth

Court of Appeal

Application for leave to appeal to Judicial Committee of the Privy Council (see Judgment 23/2003) - severance of joint interests in real property - appeals from the Court of Alderney to the Royal Court and from the Royal Court to the Court of Appeal had been dismissed - eviction and saisi proceedings - no time limit in the Court of Appeal (Guernsey) Law 1961 or elsewhere for seeking leave to appeal to the Judicial Committee - held that Court of Appeal has residual inherent power to refuse leave to appeal where pursuit of an appeal would involve serious abuse of process - leave refused - need for review of the provisions governing appeals to the Judicial Committee from the Court of Appeal.

Guernsey Judgment 4/2005

18.01.2005

Law Officers of the Crown v (i) Andre Mercier (ii) Valerie Mercier

Court of Appeal

Criminal appeal from the Magistrates Court - sentence - theft from shops - seven month concurrent sentences - appeals dismissed.