Court Fee Waiver Scheme Guidance Document

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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: 4 November 2024

MC/CRIM/04/24 R v Tyler Richard Hobman (Sentencing)

Mr Hobman pleaded guilty to two counts of sexual activity with a child contrary to section 211(1) Crimes Ordinance 2014. The England and Wales sentencing guideline for Sexual activity with a child/ Causing or inciting a child to engage in sexual activity applied. Second offence of penetration of the complainant's vagina by the defendant's penis is more serious and HARM found to be Category 1. CULPABILITY found to be Category B as there was an age gap of 5 years which court found to be significant, complainant was still in school, and in the opinion of Psychiatrist, Defendant of low intelligence. The starting point is 1 year custody with a category range between a high level community order and 2 years' custody. Fist offence involved sexual activity of kissing and love bites. Court found this was a Category 3B offence with a starting point of a medium level community order. Sentence of 12 months imprisonment imposed for second offence. One-quarter discount applied, instead of 1/3 discount, as guilty plea not given at first opportunity. Sentenced to 9 months' imprisonment. Regarding the prinnciple of totality, sentence reflects the criminality globally and there is no separate penalty for first offence.

Defendant subject to notification period for 10 years.

£250 Prosecution costs

SUM/CRIM/15/24 R v Clint Lemarc Knipe (sentencing).

Mr Knipe pleaded guilty to one count of common assault on 9 October 2024. S 465 CPEO reporting restrictions apply.

England & Wales Sentencing Guideline for common assault applied. Court found high culpability as defendant: (i) intended to cause fear to complainant; (ii) assault was prolonged and persistent; and (iii) substantial force used against the complainant. Court found greater harm as complainant suffered more than minor physical harm and also suffered psychological harm and distress. Court found this was a Category 1A offence with a starting point of a high level community order with a sentencing range of a low level community order to 26 weeks’ custody. Court found the following aggravating factors: (i) child present in the house during the assault; (ii) assault committed in a domestic abuse context; (iii) there was an abuse of trust; (iv) evidence of alcohol use; and (v) defendant took steps to prevent complainant from accessing help. In mitigation, court found: (i) no previous convictions; and (ii) defendant has taken steps to address offending behaviour. In context of domestic abuse, no weight placed on character references provided. Court applied upward adjustment to starting point to a custodial sentence. In consideration of guilty plea entered at the first opportunity, one-third reduction to sentence applied and custodial sentence reduced to high level community order for two years with supervision requirement and 200 hours unpaid work requirement. Compensation of £700 awarded and £150 prosecution costs ordered. Payments due 7 November 2024. Restraining Order made to protect complainant for 4 years.

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 9:00 am on Thursday 7 November, 2024

Reference: SUM/LIC/66/24

Applicant: Arturo Guala

Application: For an EXTENSION OF PERMITTED HOURS on 8 November 2024 from 23:30 to 01:00 (9 Nov 2024) for Falkland Islands Volleyball Club Fundraising

Premises: Groovy's