Magistrates deal with wide variety of alleged offences
Other stories in Compass Point: Crime
There are 226 criminal offences cited in Cayman’s Penal Code alone, with other illegal behaviours itemised in such laws as Misuse of Drugs, Firearms, Animals, Marine Conservation, Towns and Communities.
Some charges, such as treason, challenge to duel or disrupting a religious assembly have not been before the courts in recent memory.
Others appear on the published court lists every day. The most frequently seen charges are consumption of ganja and possession of ganja for personal use.
According to court records, 1,304 cases were filed last year in Summary Court – criminal cases alone, not including traffic, and not including cases dealt with in Youth Court.
At the opening of Grand Court in January, Chief Justice Anthony Smellie revealed that the Summary Courts disposed of 1,344 cases in 2010.
The difference between the number of cases filed and disposed of has to do with the fact that some cases get carried over from a previous year.
What kinds of charges do the magistrates typically deal with?
Daily lists for Summary Court and Traffic Court are posted on the website caymanjudicial-legalinfo.ky/Courts/Cause-Lists and any interested person may access them.
An informal study shows that the magistrates have a wide range of matters to consider.
The following numbers are derived from a list of cases filed during 2010 and concluded the same year. This limitation was chosen so that data could be cross-checked. Thanks are due to the Chief Justice for permitting the information to be made available and to the Judicial Research Officer for providing it.
Any misinterpretations or miscounting is solely the responsibility of this reporter and numbers must be taken as approximate, since no verifier was available. The figures are offered as an indicator of the relative frequency with which certain offences occur.
The number of files, the number of offences and the number of individuals who had to stand in the dock do not match. The vast majority of defendants – 395 — were in court for just one case, while another 69 had two cases, and 23 had three cases. Ten people had four or more cases. In addition, there were 58 people who dealt with one or more of their matters, but had others not concluded.
A typical multi-charge case, for example, could result from a police officer’s suspicion that someone is using ganja. The suspect might resist a search, use language that is the basis of a disorderly conduct charge, be found with vegetable matter in his pocket and be asked for a specimen of urine for testing to determine if he has consumed an illegal substance. If he refuses to comply, it’s an offence. If he complies and tests positive, it’s an offence. One incident, therefore, can turn into four or five charges (since the drug test could show the presence of both ganja and cocaine).
FREQUENCY OF TYPES OF OFFENCES – NUMBER OF CHARGES:
Ganja, consumption and simple possession, 253. Depending on circumstances, defendants may be invited to apply to the Drug Rehabilitation Court or be monitored by the Summary Court on a regular basis.
Failing to surrender to custody, 137. The occasional offender is usually dealt with by a fine; the persistent offender may receive a custodial term of 30 days or more. Typical excuses are that the defendant mixed up the dates or it was raining or he couldn’t get a ride or he simply forgot. This offence is especially serious when a trial is scheduled because it not only wastes the court’s time but inconveniences witnesses and disheartens complainants.
Assault, assault causing actual or grievous bodily harm, wounding, 122. If the charge arises from a domestic relationship, the defendant is usually asked if the domestic violence intervention programme could assist. The defendant who agrees then returns to court monthly while attending the 32-week programme.
Theft, burglary, handling stolen goods, 112. Burglary is entering premises as a trespasser with intent to commit an offence. The Penal Code takes three pages with explaining theft, but most people understand it as taking someone else’s property without permission and using it as if it were your own. A typical theft of property would be stealing a bicycle or building supplies from a construction site. Another kind of theft is sometimes referred to as shoplifting. Court observers have noted a recent increase in this kind of case. Employee theft of money is in another category and is frequently accompanied by charges of false accounting or false documents. Such cases are often sent to Grand Court.
Disorderly conduct in a public place, or in a police station or at premises with a liquor licence, 67. This number includes “Idle and disorderly” as well as “Drunk and disorderly”. One of the most common specific offences is use of the f-word. One disappointing aspect of this offence is the number of females charged – 17, three of whom were accused of carrying on in a disorderly manner at the police station after being arrested in a public place, usually a parking lot. They tended to be between the ages of 18 and 24. On the positive side, for the majority this was their only charge and they seemed to regret the behaviour that brought them to court. In contrast, 41 males were charged and their offences tended to be linked with other allegations such as drugs or thefts. Six had more than one disorderly charge.
Cocaine, consumption and simple possession, 62.
Threatening violence, 45.
Damage to property, 29.
Cocaine and/or ganja importation or possession with intent to supply, 28. The law does not distinguish between commercial supply and so-called social supply.
Failure or refusal to provide a specimen of urine for drug testing, 25.
Resisting arrest, 23.
Possession, retention or transfer of criminal property, 23. These charges are brought under the Proceeds of Crime Law, passed in 2008 and replacing the more familiar Proceeds of Criminal Conduct Law.
Weapons, 17. This category refers to possession of offensive, restricted or prohibited items such as gravity knives or knuckle dusters.
Marine offences, 16. Typical charges are taking conch or lobster out of season or above the prescribed limit. Unlicensed spear guns also fall in this category.
Immigration or work permit offences, 13.
Criminal trespass, 12.
Insulting the modesty of a woman, 12.
Making a false report to police, giving false information, refusing to give one’s name, 11.
Lottery, 10. This category includes buying or selling numbers, using one’s premises as a common gaming house or allowing it to be so used.
Operating a vessel without the required safety equipment, or lookout or flag (for dive boats), 8.
Using an ICT network to annoy, harass, abuse or threaten, 7. The Information and Communications Technology Authority Law has been in effect since 2002. Many of these offences occur with use of cell phones and involve text messages or voice messages or repeated calling. The defendant and complainant almost always know each other.
Indecent assault, 7.
Defeating or perverting the course of justice or attempting to do so, 7.
Exceeding five knots within 200 yards of shore, 5.
Obstructing police, 3.
Littering, 3.
Reckless act, 3.
Escape from lawful custody, 3. The typical offence is running from police after being arrested.
Resisting a lawful search, 2.
Failing to control dogs, permitting ferocious dogs to be at large, 2.
Taking a girl under 16 from lawful care, 1.
Aiding and abetting, 1.
Firearm, 1.
Unlawful possession of articles supplied to police officers, 1.
Offence against the Labour Law, 1.
Offence against the Health Insurance Law, 1. It should be noted that there are several cases alleging non-compliance by employers with the Health Insurance Law as well as the Pensions Law. The Legal Department has been working to ensure that payments are made before asking the court to conclude the matter.
CASE DISPOSITIONS
Matters concluded in Summary Court during the period studied are summarised by the number of charges dealt with, not the number of defendants. This is so because some individuals facing more than one charge could have pleaded guilty or be found guilty in relation to one matter and not guilty in relation to another.
Sentences Passed After Plea or Verdict of Guilty:
Imprisonment, 120
Community Service Order, 9
Fine, 112
Probation, 64
Suspended sentence, 11
Compensation, 4
Good behaviour bond, 4
Conditional discharge, 7
Transfer to Drug Rehab Court, 21
Admonished and Discharged, 27
Juvenile Rehabilitation Order, 1
Transfer to Grand Court, 52
No Conviction Recorded, 28
Magistrates typically use their power not to record a conviction in cases where the defendant has completed a specific behaviour-modification programme or has been monitored by the court over a significant period.
Verdicts of Not Guilty, No Case to Answer, Case Dismissed or Defendant Discharged: 103
Proceedings Stayed: 3
Crown Offers No Evidence: 33
Charges Withdrawn: 18
Charges Adjourned Without a Date: 2
Charges Left on File: 22
YOUTH COURT
In 2010, exactly 100 cases reached a final disposition in Youth Court, which typically deals with charges brought against persons under the age of 17. The 100 cases do not represent 100 young people, since some of them were in court for multiple offences. Youth Court dealt with 58 individuals.
Of the 100 cases, 25 were disposed of by a sentence of imprisonment. That does not mean 25 teens were taken into custody. The total was 11 — eight boys and three girls. One of the boys was before the court for 10 different cases, with imprisonment imposed for eight of them.
And not everybody was found guilty. The court dismissed 11 cases against nine teens. Another boy had one charge dismissed, while he received probation for a second. Another boy, with three cases, had a multiple disposition: one charge dismissed, one sent to Grand Court and one for which a sentence of imprisonment was imposed.
Total case outcomes for Youth Court were:
Case dismissed, 13
Imprisonment 25
Probation, 26
Suspended sentence, 4
Community service, 5
Compensation, 1
Fine, 2
Good behaviour bond, 1
Supervision order, 1
No separate penalty, 1
No conviction recorded, 2
No evidence offered, 3
Withdrawn, 1
Left on file, 6
Adjourned without another date, 2
Transfer to Grand Court, 2
Juvenile Rehabilitation Order, 5
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