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Judgment

Christopher Wight v R (Minute of Order)

SCA 0059/1985 · 1985-09-17

Appeal against conviction; Sufficiency of evidence; Sentencing discretion; Proportionality of penalty for first offence

Full metadata
Cause Number SCA 0059/1985
Court CIGC (Crim)
Judge Summerfield CJ
Parties Christopher Wight v R (Minute of Order)
Judgment Date 1985-09-17
Subject Appeal against conviction; Sufficiency of evidence; Sentencing discretion; Proportionality of penalty for first offence
Filename (current) 85-09-17_christopher_wight_v_r.pdf
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In the Grand Court of the Cayman Islands — Criminal Division
Cause No. SCA 0059/1985
Between
Christopher Wight
- v -
R (Minute of Order)
Before
Summerfield CJ
Judgment delivered 1985-09-17

MINUTE OF ORDER

Coram: Hon Sir John Summerfield

S.C.App No. 59/85

CHRISTOPHER WIGHT V R

17/9/85 Hearing of Appeal
Order: There was ample evidence, supported by the sketch plan, to justify the learned Magistrate's finding on fact and the reasons he gave therefor. The findings fully support the charge. There are no grounds for my intervention on the conviction and the appeal against conviction is dismissed.

As to sentence, the maximum for this offence is unrealistically low in prevailing circumstances, but I do not think that that in itself justifies imposing almost the maximum for a first offence. If so how does one deal with a second offender in a more serious case? In the circumstances I will reduce the fine to $100. The disqualification must remain as a deterrent. The appeal against sentence is allowed to that extent but is otherwise dismissed.

Chief Justice

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