Court Fee Waiver Scheme Guidance Document

Court Fee Waiver Application (CFW1)

Review HOCTS waiver decision (CFW2)

Court Fees (July 2024)

Below is the weekly court listings for matters before the court. The list is updated each week by 4pm on Friday. The courts service use their best endeavours to provide lists which are free of errors but give no warranty as to their accuracy. The list is subject to change at short notice at the discretion of the Court.

Week commencing: 21 October 2024

SUM/CRIM/14/24 R v Denayadura Peshala Ridma De Silva. Mr Ridma pleaded guilty to (1) driving while under the influence of drink contrary to s 19(1) Road Traffic Ordinance 1948 (RTO) and (2) to failure to provide a specimen of breath for analysis contrary to s 24(4) RTO. The England and Wales sentencing guideline for failure to provide a specimen (drive/ attempt to drive) applied to the second offence. Court found that this was a Category 2 offence as lower culpability applied and due to high level of impairment demonstrated, there was greater harm. A Category 2 offence has a starting point of a medium level community order with a category range of a low level community order to a high level community order and 17 to 28 months' disqualification. In consideration of the totality principle in sentencing, the court decided to pass no separate penalty for driving while unfit through drink and applied this conviction of driving while unfit as an aggravating factor to the offence of failure to provide a specimen. Other aggravating factors considered by the court were: (1) that there were passengers in the car and (2) that there was evidence of an unacceptable standard of driving as Mr Ridma was swerving. In mitigation, the court considered (1) that Mr Ridma has no previous convictions and (2) the remorse shown to the court and the apology offered through his advocate. The Court found that an upward adjustment from the starting point was appropriate and that a high level community order with a driving disqualification at the top of the range is an appropriate sentence. The court then took into account Mr Ridma's guilty plea to both offences which entitled him up to 1/3 off his sentence. The high level community order was therefore reduced to a low level community order. Even though the threshold for a community sentence was passed, the court did not find that engagement with the probation service was necessary at this time and a Band D fine of 250% of weekly income was an appropriate alternative. Mr Ridma fined £900, disqualified for 18 months and ordered to pay £150 in prosecution costs. £150 due forthwith and £225 due at the end of Oct, Nov, Dec and January.

SUM/CRIM/17/24 R v Alan Keith Joshua. Mr Joshua pleaded guilty to (1) driving without due care and attention contrary to s 18G of the Road Traffic Ordinance 1948; (2) driving without a motor vehicle licence contrary to s 4(4) RTO; and (3) failure to report an accident contrary to regulations 18 and 20 of the Road Traffic (Provisional) Regulations Order 1986. The England and Wales Sentencing Guideline for Careless Driving (drive without due care and attention) applied to the first offence. Court found that there was higher culpability and greater harm as Mr Joshua was carrying out another task while driving, specifically lighting a cigarette, and he caused damage to property. Therefore, this was a Category 1 offence with a starting point of a Band C fine. In consideration of the totality principle in sentencing, the court decided to pass sentence for driving without due care and attention and pass no separate penalty for failure to report a road accident and no separate penalty for driving without a motor vehicle licence. These offences were treated as aggravating factors to driving without due care and attention. The court also considered in aggravation that: (1) Mr Joshua has a relevant previous conviction from 2021 involving a motoring offence when he was convicted of failing to provide a specimen and (2) no attempt to report. In mitigation, the court considered (1) remorse shown in court and (2) damage caused has now been paid for. In consideration of the aggravating and mitigating factors, an upward adjustment was applied to the starting point of the Category 1 offence and the court decided to apply a Band D fine of £1,500. The court considered the guilty plea entered for each offence which entitled him to a 1/3 discount and fine reduced to £1,000. Also ordered to pay £150 prosecution costs. Payment due within 14 days.

Notice is hereby given that the following applications have been received by the Clerk to the Summary Court and shall be dealt with by the Clerk to the Summary Court without a hearing unless any person wishing to object notifies the court by 4:30 pm on Tuesday 29 October, 2024

Reference: SUM/LIC/62/24

Applicant: Natasha Bonita Greenland

Application: For an OCCASIONAL LICENCE on 26 & 27 December 2024 from 09:00 to 20:00 for the Christmas Races

Premises: Jockey Bar, Stanley Racecourse

Reference: SUM/LIC/63/24

Applicant: Vicky Chater

Application: For an OCCASIONAL LICENCE on 2 November 2024 from 18:00 to 01:00 for a water pong tournament

Premises: Town Hall, Stanley