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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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5 judgments
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August 2023
R v Karioka (29 of 2020) [2023] TCASC 80 (29 August 2023)
Life sentence with parole eligibility set at 27 years for mother who shot her child; mental disorder reduced tariff marginally.
Criminal law – Sentencing for murder – Parole of Prisoners Ordinance s7 – statutory starting point 30 years where s7(3) not engaged; mental disorder (Bipolar Affective Disorder) relevant but of limited weight; aggravating factors (firearm use, vulnerable child, position of trust, concealment) outweigh mitigation; credit for time on remand; order for psychiatric follow-up.
 29 August 2023
The Honourable Attorney General of The Turks and Caicos Islands -v- Sean Lawrence Sullivan (CL 53 of 2020) [2023] TCASC 74 (24 August 2023)
Court limited specific discovery: privileged document descriptions suffice; denied broad time-record searches; ordered targeted financial disclosures and relisted trial.
Civil procedure — Discovery — Order 24 r.7 (specific discovery) — Applicant must show documents exist, are relevant and within opponent's possession, custody or power; privilege — privileged documents may be described generally without dates/parties; scope and proportionality — solicitor time-records not ordinarily discoverable absent specific pleading/evidence; foreign proceedings/Interpol notices and receiver files — relevance determined by pleadings; case management — timetable and trial relisting.
 24 August 2023
Duncanson & Co (Beryn Duncanson DBA) -v- East Wind Development Company Ltd and ors (2) Beryn Duncanson ( Duncanson & Co DBA)-v- The Registrar of Lands and ors. (CL 150 of 2022; CL 97 of 2022) [2023] TCASC 76 (18 August 2023)
Restriction on land was wrongly registered where claimant had no legal/equitable interest and no charging order, and service of proceedings alone was insufficient.
Registered Land Ordinance s132/s134/s146/s147 – power to register restrictions – limits where claimant has only in personam contractual claim; solicitor’s lien and unliquidated costs; Registrar’s duty to consider sufficient cause; restriction improperly registered where no charging order or equitable interest exists.
 18 August 2023
Rex v Alec Nash (CR 31 of 2023) [2023] TCASC 77 (11 August 2023)
Exceptional circumstances (lawful foreign possession and airline misadvice) permitted a fine instead of mandatory imprisonment.
Firearms Ordinance s3(1) – mandatory minimum custodial sentence; s30(2)/(3) – "exceptional circumstances" may permit departure from minimum; holistic assessment of lawful foreign possession, voluntary declaration, airline misadvice, lack of criminal intent, cooperation and good character; Court may impose non-custodial sentence where exceptional circumstances exist.
 11 August 2023
R -v- Herbert Been and others in their capacity as The Turks and Caicos Islanders Status Commission ex parte Alex Pierre (CL 63 of 2023) [2023] TCASC 73 (9 August 2023)
Leave to apply for judicial review refused as out of time; renewal procedure excluded from domestic Civil Rules.
Civil procedure — judicial review — leave to apply for judicial review — time limits and extension of time under O.53 r.4(1) — sufficiency of explanation for delay; procedure for renewal of refused on-paper leave — O.53 r.3(4)(b) and r.3(5) omitted from domestic Civil Rules 2000 — Form 86B and notice requirements.
 9 August 2023