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Supreme Court of Turks and Caicos Islands

The Supreme Court has original jurisdiction in civil and criminal matters; appellate jurisdiction over appeals from the Magistrate’s Court and other statutory bodies such as the National Insurance Board and the Liquor Licensing Board; and supervisory jurisdiction over lower adjudicatory bodies and the actions of government.

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1 judgment

Citation	Judgment date
August 2010
Perez and Another v The Crown (CR-APM 12 of 2010) [2010] TCASC 9 (10 August 2010) Appellants' convictions upheld but excessive fines replaced by imprisonment after appellate correction of flawed sentencing. Fisheries law – possession and taking of marine products – regulation 34 deemed possession; limits of deeming provisions as to knowledge. Statutory interpretation – whether offences under regs 4 and 5 are absolute; regulation 12 likely absolute. Criminal procedure – validity/unequivocality of guilty pleas obtained amid an apparent arrangement between detainees and prosecution. Sentencing – improper use of excessive fines to achieve default imprisonment; default terms cannot be made concurrent; sentencing discretion corrected on appeal.	10 August 2010

Citation

Judgment date

August 2010

Perez and Another v The Crown (CR-APM 12 of 2010) [2010] TCASC 9 (10 August 2010)

Appellants' convictions upheld but excessive fines replaced by imprisonment after appellate correction of flawed sentencing.

Fisheries law – possession and taking of marine products – regulation 34 deemed possession; limits of deeming provisions as to knowledge. Statutory interpretation – whether offences under regs 4 and 5 are absolute; regulation 12 likely absolute. Criminal procedure – validity/unequivocality of guilty pleas obtained amid an apparent arrangement between detainees and prosecution. Sentencing – improper use of excessive fines to achieve default imprisonment; default terms cannot be made concurrent; sentencing discretion corrected on appeal.

10 August 2010