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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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3 judgments
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3 judgments
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November 2023
Atekah Defreitas and Anor. -v- Alvin Deane and Anor. (CL 43 of 2017) [2023] TCASC 88 (23 November 2023)
The applicant’s illegal U‑turn caused the collision; the applicant wholly liable and the claim dismissed.
Road traffic collision — liability — illegal U‑turn v. rear‑end collision — assessment on balance of probabilities — weight of police report and photographic evidence — skid‑mark evidence unreliable — counterclaim succeeds; plaintiffs 100% liable.
 23 November 2023
R v Mikhail Hinson (CR 50 of 2022) [2023] TCASC 92 (15 November 2023)
Section 3(1) carriage of firearms is strict liability; finding a working gun and rounds in defendant’s bag in his vehicle warranted conviction.
Firearms — Carrying firearm and ammunition — Section 3(1) Firearms Ordinance — strict/absolute liability — knowledge/assent not required; evidence — recovery from defendant’s fanny pack in vehicle; lack of DNA/fingerprint not determinative; credibility and inference of knowledge.
 15 November 2023
R v The Turks and Caicos Islands Integrity Commission Ex. P. The Hon. Arlington Musgrove (CL 133 of 2023) [2023] TCASC 87 (14 November 2023)
Leave granted to judicially review Integrity Commission’s conflict finding and reassignment recommendation; stay ordered pending review.
Administrative law – judicial review – leave to apply – timeliness and arguable grounds; conflict of interest – correct test and management of conflict; procedural fairness and legitimate expectation; Integrity Commission Ordinance s.85 report requirements; power to stay implementation of administrative/executive decisions under Ord.53 r.3(10).
 14 November 2023