2007
- No in Annual SeriesDatePartiesCourtDetails
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Guernsey Judgment 50/200712.12.07A G Taylor v Law Officers of the CrownCourt of Appeal
Currency Offences (Guernsey) Law, 1950 - uttering, and possession, of forged paper money - appeal against conviction - Firearms (Guernsey) Law, 1998 - possession of prohibited weapon and ammunition - appeal against sentence - Court of Appeal (Guernsey) Law, 1961 (s.24) - circumstances in which leave required to appeal against conviction - distinction between questions of law, of mixed law and fact, and of fact - criticism of the summing up, and of the verdict of the Jurats, considered - application for leave to appeal against conviction dismissed - as respects the firearm offences, sentences reduced from 12 months to 9months' imprisonment
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Guernsey Judgment 49/200712.12.07D Poullard and M T Beck v Law Officers of the CrownCourt of Appeal
Possession of Class A Drug with intent to supply - application of Richards guidelines to dealers as opposed to importers - level of activity has to be taken into account - appropriate starting point 7 years rather than 8½ years and sentences reduced accordingly
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Guernsey Judgment 48/200712.12.07M A Noyon v Law Officers of the CrownCourt of Appeal
Possession of Class A Drug with intent to supply - appeal against sentence - drug in the form of Fentanyl patches - how drug in this form is to be related to the Richards guidelines - appeal dismissed
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Guernsey Judgment 44/200722.11.07Environment Department v JohnsCourt of Appeal
Island Development (Guernsey) Law, 1966 - Respondent had appealed successfully to the Royal Court - relevance of Respondent's personal circumstances - Department sought to appeal that decision - review of proceedings before the Royal Court - whether the decision of the Jurats was perverse or they had been misdirected - jurisdiction of the Court of Appeal to consider such an appeal (See especially judgments by Vaughan and Carey JJA)
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Guernsey Judgment 43/200707.11.07 & 07.12.07E v ECourt of Appeal
(i) Matrimonial Causes Law (Guernsey), 1939 (Articles 43 and 46) - husband's appeal from the Royal Court - extension of time within which to appeal - principles to be applied - appeal from the order as to maintenance - appeal from the order as to the division of the capital assets - former matrimonial home to be revested in the parties in equal undivided shares with conditional usufruct awarded to the wife - the proceeds to be divided equally upon the ultimate sale of the home (ii)Application as to costs - application for extension of time - Advocate ordered to pay the costs of both parties, on the indemnity basis - limited means of both parties - no order as to the costs of the substantive appeal
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Guernsey Judgment 41/200725.09.07B J Truffitt v Law Officers of the CrownCourt of Appeal
Grievous bodily harm with intent - application for leave to appeal against sentence - application completely without merit - refused
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Guernsey Judgment 40/200725.09.07Ogier v Grand Havre Holdings LtdCourt of Appeal
Royal Court Civil Rules, 1989 (Rule 36) - leave sought to appeal from order striking out claim for want of prosecution - application for leave to introduce further evidence - péremption - application for restoration of action under Rule 50 - correct principles applied by the Lieutenant Bailiff - leave to appeal refused - leave to appeal to the Judicial Committee of the Privy Council refused
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Guernsey Judgment 35/200725.09.07B J Wright v Law Officers of the CrownCourt of Appeal
Importation of Class A drug - impeding seizure of Class A drug - whether sufficient discount given for personal mitigation and claim that drugs were for personal use - guilty plea was inevitable - discount for various varieties of mitigation are not simply to be added to one another - leave to appeal refused
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Guernsey Judgment 34/200725.09.07S A Gormer, S M Priaulx v Law Officers of the CrownCourt of Appeal
Importation of Class B drug - possession of Class B drug - appeal against sentence - appropriate discount where accused had little viable alternative but to admit guilt - roles of both appellants, and of a co-accused, were equally significant - as regards concurrency, the count relating to possession was an unrelated offence - both applications for leave to appeal refused.
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Guernsey Judgment 33/200725.09.07A J Dunn v Law Officers of the CrownCourt of Appeal
Assault - possession with intent to supply, and supply, of Class A drug - Criminal damage - appeal against sentence - starting point adopted had been the minimum sentence in the lowest band for Class A drugs in the Richards guidelines - application for leave to appeal dismissed
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Guernsey Judgment 32/200725.09.07M D Naylor and A J Pagett v Law Officers of the CrownCourt of Appeal
Importation of Class A drugs - possession of Class B drug - appeal against sentence - Richards guidelines - proper approach to sentencing where two different drugs are involved - sentence on first appellant reduced
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Guernsey Judgment 20/200704.07.07S M E Presland v Law Officers of the CrownCourt of Appeal
Rape - appeal against conviction - interruptions by the Lieutenant Bailiff unobjectionable given the diffidence of the witness - summing up fairly set out the strengths and weaknesses of the prosecution case - verdict not obviously and palpably wrong - leave to adduce further evidence as to alibi refused - tests as adopted in the appeal of Collins applied - leave to appeal against sentence refused - guidelines in Millberry applied
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Guernsey Judgment 19/200704.07.07A C George v Law Officers of the CrownCourt of Appeal
Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972 - importation of cannabis resin - appeal against conviction - whether the decision was obviously and palpably wrong - circumstantial evidence - appeal dismissed - appeal against sentence dismissed
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Guernsey Judgment 7/200728.03.07R E O'Dette and F D O'Dette v Law Officers of the CrownCourt of Appeal
Importation of Class A drugs - conspiracy to import Class A drug - appeals against sentence and against recommendation for deportation -- on analysis the substance subject of the conspiracy charge proved not to be a controlled drug - relevance of the Richards guidelines (Court of Appeal 18th April 2002) - sentence should to some extent reflect the fact that the substance imported proved not to be a controlled drug - Immigration Act 1971 and the Immigration (Guernsey) Order 1993 - effect of a deportation order made in Guernsey against a non-British national - position contrasted with that in the United Kingdom - R v Carmona (2006) Criminal Law Review p.657 not followed - enquiries to be made by the Royal Court before recommending deportation - sentences reduced and orders recommending deportation quashed.
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Guernsey Judgment 6/200727.03.07J G Marsh, D J Hardy and S D Fallaize v Law Officers of the CrownCourt of Appeal
Misuse of Drugs (Bailiwick of Guernsey) Law, 1974 - cultivation of cannabis - application of the guidelines in Richards (Court of Appeal 18th April 2002) to cultivation offences - appropriate to compare cultivation with importation