Skip to document content Skip to main menu Skip to search

Court of Appeal of Turks and Caicos Islands

The Court of Appeal currently sits in sessions on Providenciales and the Court is made up of at least 3 Judges of Appeal.

It has the jurisdiction assigned to it by the Court of Appeal Ordinance. It considers appeals from the Supreme Court and the Labour Tribunal. It also sits as a Constitutional Court, considering questions that may be referred to it by the Attorney General under the Attorney General’s Reference of Questions Ordinance.

Visit website
https://judicial.tc
5 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Attorneys
  • Alphabet
Sort by:
5 judgments
Citation
Judgment date
December 2012
Wilkie Arthur and Anor. v R (CR-AP 24 of 2011; CR-AP 29 of 2011) [2012] TCACA 2 (31 December 2012)
Court retained jurisdiction and directed that remand and pending-appeal custody be counted towards sentence commencement and early release.
Criminal appeal — functus officio — Registrar’s notification and recording under Order 64 — Court of Appeal retained jurisdiction where lower court record not made; Sentencing — Court of Appeal’s discretion under s.14(3) to direct commencement of sentence; Prison law — Remand time/counting towards sentence (Prison Rules r.9(5)(a)) — remand time counts unless court orders otherwise.
 31 December 2012
October 2012
THE ATTORNEY GENERAL OF THE TURKS AND CAICOS ISLANDS v SALT CAY DEVCO LTD and ORS. (CL-AP 45 of 2011) [2012] TCACA 1 (4 October 2012)
Article 4 requires filing a motion for leave within 21 days; it does not require service on respondents within that period.
* Appeals to Privy Council – Interpretation of Article 4 of the Turks and Caicos (Appeal to Privy Council) Order – whether 21‑day requirement applies to filing only or to filing and service; * Distinction between procedural requirements in Orders to Privy Council and statutory appeal provisions (Court of Appeal Ordinance s.15(1)); * Court may not impose requirements beyond the clear terms of the Order.
 4 October 2012
January 2012
Bracilio Tucker v R (CR-AP 32 of 2010) [2012] TCACA 3 (26 January 2012)
Court upheld conviction where circumstantial evidence supported inference of joint possession and intent to supply.
* Criminal law – possession and possession with intent to supply – constructive and joint possession inferred from conduct and circumstances. * Evidence – circumstantial evidence – test for no-case submission: whether a reasonable jury, properly directed, could convict. * Criminal procedure – inconsistent verdicts – burden on appellant to show no reasonable jury could have returned the verdicts; inconsistency not automatically fatal. * Authorities considered: Mitchell; Varlack (Galbraith principles); authorities on inconsistent verdicts (Durante, Green).
 26 January 2012
Nasiya Misick v Public Service Commission (CL-AP 23 of 2010) [2012] TCACA 4 (26 January 2012)
Administrative Review
 26 January 2012
Norma Butterfield v Royal Bay Resort & Villas Ltd dba Beaches Resort & Spa (CL-AP 8 of 2011) [2012] TCACA 5 (26 January 2012)
Civil Remedies
 26 January 2012