Myles v R

• Jurisdiction: Cayman Islands
• Court: Court of Appeal (Cayman Islands)
• Judge: (Goldring, P., Field and Birt, JJ.A.)
• Judgment Date: 17 May 2023

MYLES

and

R.

(Goldring, P., Field and Birt, JJ.A.)

Court of Appeal (Cayman Islands)

Courts — Judicial Committee of Privy Council — leave to appeal — Court of Appeal has no jurisdiction to grant leave to appeal to Privy Council in criminal cases

Held, ruling as follows:

The court did not have jurisdiction to grant leave to appeal to the Privy Council in criminal cases. Appeals to the Privy Council from the Cayman Islands were regulated by the 1984 Order. Section 3 of the 1984 Order applied only to civil cases. The applicant had to pursue any application for leave to appeal directly with the Privy Council (paras. 8–9).

Cases cited:

(1) Gonzalez v. R., 1984–85 CILR 256, followed.

(2) McLaughlin v. R., 2019 (2) CILR 819, referred to.

Legislation construed:

Cayman Islands (Appeals to Privy Council) Order 1965 (S.I. 1965/1862), s.3: The relevant terms of this section are set out at para. 4.

Cayman Islands (Appeals to Privy Council) Order 1984 (S.I. 1984/1151), s.3: The relevant terms of this section are set out at para. 6.

The applicant sought leave to appeal to the Judicial Committee of the Privy Council.

The Court of Appeal had dismissed the applicant’s appeal against the decision of the Grand Court (Chapple, J.) dismissing his appeal against his conviction before the Summary Court. The applicant now applied for leave to appeal to the Judicial Committee of the Privy Council.

Section 3 of the Cayman Islands (Appeals to Privy Council) Order 1984 provided:

“3—(1) Subject to the provisions of this Order, an appeal shall lie as of right from decisions of the Court to Her Majesty in Council in the following cases—

(a) final decisions in any civil proceedings, where the matter in dispute on the appeal to Her Majesty in Council is of the value of £300 sterling or upwards or where the appeal involves directly or indirectly a claim to or question respecting property or a right of the value of £300 sterling or upwards;

(b) final decisions in proceedings for dissolution or nullity of marriage; and

(c) such other cases as may be prescribed by any law for the time being in force in the Cayman Islands;

(2) Subject to the provisions of this Order, an appeal shall lie from decisions of the Court to Her Majesty in Council with the leave of the Court in the following cases:

(a) decisions in any civil proceedings, where in the opinion of the Court the question involved in the appeal is one that, by reason of its great general or public importance or...