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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2 judgments
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2 judgments
Citation
Judgment date
March 2023
Criminal law
17 March 2023
Mandatory seven-year minimum for firearm and ammunition offences upheld; mitigating factors not "exceptional" to reduce sentence.
Criminal law – Firearms – Statutory mandatory minimum sentence – "Exceptional circumstances" is a high threshold requiring holistic, fact-specific inquiry; personal mitigation alone rarely sufficient to disapply minimum. Sentencing – Application of R v Avis four questions (weapon, use, intent, record) and principles in R v Rehman and R v Nancarrow. Deterrence and Parliament’s purpose weigh heavily in upholding mandatory minimums for firearm offences.
8 March 2023