2008
- No in Annual SeriesDatePartiesCourtDetails
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Guernsey Judgment 41/200817.12.08Y Climie & S GreechanCourt of Appeal
Importation of Class A drug - applications for leave to appeal against sentence - abandonment of application by the second applicant - similar sentences imposed by the Royal Court on all the defendants, as willing participants in a joint enterprise - submission of objectionable parity not upheld - starting point of 11 years approved as in accordance with the Richards guidelines - legal aid granted, but limited to the actual attendance by counsel before the Court of Appeal - no guarantee that legal aid will be granted where an application for leave is dismissed by the plenary Court, after a refusal by a single judge
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Guernsey Judgment 35/200817.09.08S J McCarthy v The Law Officers of the CrownCourt of Appeal
Theft by bank employee - appeal against sentence - approach to sentencing where the offender was in a position of trust - suggested sentencing bands based on the amount stolen - disparity argument from unrelated cases appropriate only in the most exceptional circumstances - held that in the present case the sentence was manifestly excessive - sentence reduced from 15 months to 9 months imprisonment, concurrent, on each of the three counts.
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Guernsey Judgment 32/200818.09.08R C Bach & K Bach v Law Officers of the CrownCourt of Appeal
Island Development (Guernsey) Law 1966 - Magistrate's Court (Civil Appeals) (Guernsey) Law, 1988 - offence of unauthorised development - appeal from conviction before the Magistrates Court - whether prescription in criminal offences was still effective and applicable - whether abuse of process by reason of delay - European Convention on Human Rights, Article 6(i) - held that prescription was not available, there had been no undue delay or abuse of process and Article 6 of the European Convention on Human Rights was not breached - appeal dismissed
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Guernsey Judgment 31/200817.09.08E v ECourt of Appeal
Matrimonial Causes (Guernsey) Law, 1939 - husband's appeal from order of the Royal Court revesting the former matrimonial home - husband had refused to execute documentation to give effect to an earlier decision of the Court of Appeal (See Judgment 43/2007, reported at 2007-08 GLR 133) - Royal Court had failed to have regard to the European Convention on Human Rights, Article 1 of the First Protocol - Article 57 of the 1939 Law provided a straightforward remedy for refusal by a party to execute a document - submission that Article 46 gave no power to a Court to order concurrence to a change in the terms of an existing liability over-ruled - only in exceptional circumstances can a Court reopen its earlier decision - held that the previous order of the Court was enforceable and must be enforced - appeal allowed
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Guernsey Judgment 25/200815.07.08D v DCourt of Appeal
Matrimonial Causes Law (Guernsey), 1939 (Part VIII) - husband's appeal from terms of vesting order and order for maintenance - circumstances in which it is appropriate to interfere with exercise of judicial discretion - facts in Martin v Martin distinguished from the present case - charge in favour of the husband to be redeemed not later than three years after the original order - payment to the husband increased from £90,000 to £130,000 - no order as to costs before the Court of Appeal
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Guernsey Judgment 24/200818.07.08B D W Moran v Law Officers of the CrownCourt of Appeal
Importation of Class A Drugs - application for leave to appeal against conviction - held that the judge had only intervened when he considered it necessary and appropriate - no fault in the trial process - application refused - application for leave to appeal against sentence refused.
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Guernsey Judgment 23/200815.07.08Canivet Webber Financial Services Ltd v GFSCCourt of Appeal
Royal Court Civil Rules, 1989 (Rule 48) - Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law, 2002 - appeal pending before the Royal Court from decision of the Commission ("the substantive appeal″) - application for leave to appeal from order of Royal Court as to security for costs - held that the substantive appeal appeared to be without merit and that the appellant was unlikely to be able to satisfy an order for costs - application for leave refused - oral application for leave to appeal to the Judicial Committee of the Privy Council refused (See Judgments 47/2007 and 13/2008)
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Guernsey Judgment 15-200823.04.08Stone v HickmanCourt of Appeal
Health and Safety at Work (General) (Guernsey) Ordinance, 1987 - personal injury claim by fisherman - action for breach of contract, negligence and breach of statutory duty - plaintiff's appeal from Jurats' finding of 40% contributory negligence - Deputy Bailiff had expressly directed the Jurats that they would only have to consider contributory negligence if they were satisfied that a pot had fallen and had been picked up by the plaintiff - the Jurats had found that a pot did not fall - held that the Jurats had made findings which were mutually contradictory if they had followed the directions of the Deputy Bailiff - no other evidence of contributory negligence upon which the Jurats could have relied - appeal allowed and finding of contributory negligence discharged - no criticism of the Jurats who had been faced with an exceedingly difficult task
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Guernsey Judgment 14/200823.04.08C M Rouget v Law Officers of the CrownCourt of Appeal
Murder - appeal against conviction - grounds relied upon were significant and material misdirection by the Lieutenant Bailiff on the issues of self defence and provocation - held that the directions set out in the summing up could not be faulted - appeal dismissed
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Guernsey Judgment 13/200818.04.08Canivet Webber Financial Services Ltd v GFSCCourt of Appeal
Insurance Managers and Insurance Intermediaries (Bailiwick of Guernsey) Law, 2002 - appeal pending before the Royal Court from decision of the Commission - unsuccessful application to the Royal Court for an order restraining an Advocate from acting for the Commission - application to the Court of Appeal for extension of time, and for leave, to appeal from that decision - matter heard in the absence of appearance by the appellant - no possible basis for a successful appeal on either of the grounds relied upon by the appellant - application for extension of time refused - the substantive appeal to the Royal Court should be brought on with all speed (See Judgment 47/2007)
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Guernsey Judgment 12/200802.04.08G C Pirito v Law Officers of the CrownCourt of Appeal
Assault - Criminal Justice (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2006 - possession of offensive weapon - matter transferred from the Court of Alderney to the Royal Court - appeal against sentence - appropriateness of immediate imprisonment where a knife or other similar bladed instrument is involved - consecutive sentences and the totality principle - no real alternative but to plead guilty to the knife offence - therefore appropriate to allow no discount for that plea - due discount had been allowed on the charge of assault, allowing for plea of guilty and mitigation - appeal dismissed
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Guernsey Judgment 5/200831.01.08Yaddehige v Credit Suisse Trust Ltd, Collas Day and Fortis ReadsCourt of Appeal
exceptions de fonds - the test in Cherub Investments Ltd - correct focus must be on the factual assertions made by the Plaintiff - prescription - empêchement d'agir - whether on the facts as pleaded the Plaintiff could succeed on the empêchement issue. - Plaintiff's appeal allowed, appeals of the First and Third Respondents dismissed.