Ben Tonner QC Successfully Argues Covid-19 Curfew Case
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In the now infamous Skylar Ann Mack case, the Cayman Islands
Court of Appeal has acceded to Ben Tonner QC’s oral and written
submission that the Grand Court sentence should be set aside. Mack,
18, a US citizen and medical student at the University of Georgia,
travelled to the Cayman Islands from Miami on 27 November 2020 and
breached the mandated 14 day quarantine 2 days later. The Grand
Court sentenced Mack to 4 months imprisonment. The case attracted
unprecedented attention in the US media. On 22 December 2020, the
Court of Appeal accepted Mr Tonner’s submission that the Grand
Court took into account matters which it ought not to have done,
and failed to take into account matters it ought to have. The Court
further agreed with counsel’s submission that the sentence was
manifestly excessive in the circumstances. Accordingly, having made
the necessary adjustments, the Court of Appeal imposed a reduced
sentence of 2 months imprisonment. Mack is due to be released early
on 20 January 2021.
Originally published January 7, 2021
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