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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10 judgments

Citation	Judgment date
July 2024
R v John Spencer Missick (CR 51 of 2023) [2024] TCASC 52 (31 July 2024) Substance abuse alone does not constitute "exceptional circumstances" to avoid the mandatory minimum for aggravated burglary. Criminal law – Sentencing – Aggravated burglary – Mandatory minimum sentence – Section 8A Criminal Law (Amendment) Ordinance 2023 – "Exceptional circumstances" – Substance abuse not by itself exceptional; sentencing methodology: starting point, offender adjustments, guilty plea discount, credit for time served – Concurrent sentences on same incident; commencement consecutive to earlier unrelated sentence.	31 July 2024
Drag Holdings Ltd. and Paparazzi Ltd. v. The Proprietors, Strata Plan No.57 (CL 45 of 2021) [2024] TCASC 34 (30 July 2024) Second plaintiff's claim struck out for lack of pleaded cause; first plaintiff's claim proceeds; O.14A inappropriate. Striking out – Order 18 r.19 – high threshold: claim must be bound to fail; lack of pleaded relationship defeats third-party claim; Order 14A inappropriate where question of law is not precisely stated or matter raises factual issues.	30 July 2024
Hanseatic Consultants Limited and Big Blue Collective Limited -v- Blue Haven Properties Limited and BH Developments Ltd. (CL 27 of 2023) [2024] TCASC 32 (16 July 2024) The defendant’s strike-out failed because disputed factual and restrictive‑agreement issues require trial determination. Civil procedure – strike out (O.18 r.19(1)(b) & (d)) – draconian remedy; only for plain and obvious failures. Property law – easements and profits by prescription (s.138 Registered Land Ordinance) – requirement of 20 years peaceful, open, uninterrupted user. Restrictive agreements/master plan – whether internal tracks constitute ‘roads’ and confer rights of access. Evidential standard on strike-out – disputed factual issues and prejudice require trial.	16 July 2024
R v Woody Jean Baptiste (CR 44 of 2023) [2024] TCASC 53 (16 July 2024) Submission of no case upheld where drone‑based identification was unreliable and gang and intent elements were unproven. Criminal law — Submission of no case — Identification evidence from drone footage — Turnbull/Galbraith principles; Anti‑Gang Ordinance — 'gang‑related activity' requires planned/ongoing/continuous/repeated participation in a serious offence; Firearms Ordinance — possession of imitation firearm requires proof of intent to commit a serious offence.	16 July 2024
QC v KG (F- APM 1/24) [2024] TCASC 30 (15 July 2024) Appeal corrected Magistrate's arrears calculation, held maintenance order binding, awarded arrears of US$9,200 and remitted for repayment consideration. Family law – child maintenance – whether a court-ordered maintenance sum was binding – calculation and reconciliation of competing bank records – admissibility and proof of in‑kind or cash credits – access to child does not excuse maintenance – appeal by rehearing and correction of computational errors.	15 July 2024
IMO an Application for Leave to Appeal pursuant to Section 105 and 116 of the Extradition Act 2003 (Overseas Territories) Order 2016 (The Attorney General of the Turks and Caicos Islands on behalf of The Government of the United States of America v. Roger Scott Hoffman) (CL 55 of 2024) [2024] TCASC 29 (9 July 2024) Magistrate misapplied s.133 EAOTO by treating extradition as criminal; appeal allowed and magistrate's costs order set aside. Extradition — Costs — Section 133 Extradition Act 2003 (Overseas Territories) Order 2016 — Judicial power to order costs — Whether consideration of costs premature before Governor’s extradition order — Proper exercise of judicial discretion; misdirection by applying criminal-cost principles.	9 July 2024
Drag Holdings Ltd. and Paparazzi Ltd. v The Proprietors, Strata Plan No.57 (CL 45 of 2021) [2024] TCASC 28 (5 July 2024) Application to re-amend claim refused for delay and immaterial, inadequately particularised misrepresentation allegations; costs ordered against plaintiffs. Strata/Amendment—Leave to amend pleadings; materiality and useless amendments; relation-back and limitation; delay and prejudice; need for particularity in pleading misrepresentation; standing of tenant/third-party to sue proprietor.	5 July 2024
IMO of the Turks and Caicos Islander Status Ordinance (CAP. 5.05) (CL-211/22; CL-244/22; CL-229/22; CL-1/23; CL-2/23; CL-4/23; CL-7/23 & CL-13/23) [2024] TCASC 27 (5 July 2024) Commission usurped Governor’s role, gave inadequate reasons, and acted unfairly; decisions quashed and applications remitted. • Administrative law – limits of delegated decision‑making: Commission exceeded its role by applying Governor‑reserved criteria without prescribed evaluation guidelines. • Procedural fairness – applicants entitled to adequate reasons and opportunity to address material considerations. • Reasons – mere citation of statutory subsections insufficient under constitutional duty to give reasons. • Bias – apparent bias found where public statements by commission members created a real possibility of prejudice. • Remedy – certiorari and mandamus: quash decisions and remit applications for fresh consideration.	5 July 2024
Pamela Saunders v Caribe Vacation Club Limited dba Carib Club (CL 5 of 2021) [2024] TCASC 31 (2 July 2024) Non-resident plaintiff must provide security for costs after failing to disclose assets; strike-out refused as factual issues require trial. Civil procedure — Order 14A (strike-out) — factual disputes (mitigation/repudiation) preclude disposal on point of law; Security for costs — non-resident plaintiff; discretion under Order 23 r.1(1)(a); failure to disclose assets in jurisdiction; quantum of security fixed at $10,000.	2 July 2024
R v Terrell Joseph (CR 45 of 2023) [2024] TCASC 50 (1 July 2024) Court found exceptional circumstances and reduced mandatory twelve‑year minimum to five years four months with time served credit. Firearms Ordinance s.3 and s.30 – mandatory minimum imprisonment for unlawful possession of ammunition; exceptional circumstances exception and its scope Sentencing – proportionality and holistic assessment to determine whether mandatory minimum is arbitrary or disproportionate Plea mitigation – availability of plea discount where court finds exceptional circumstances and departs from mandatory minimum Sentencing methodology – starting point, offender adjustments, plea discount, and credit for time served	1 July 2024