R vs Isaac (CN 04.2013) [2014] SCSC 379 (21 October 2014)

The Family Tribunal's warrant is legally equivalent to a court warrant; the sentence imposed was the statutory minimum and not excessive or unlawful.

Citation: [2014] SCSC 379
Parties: Appellant: Aadil Isaac; Respondent: The Republic
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 21 October 2014
Case Number: CN 04.2013
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: Appeal dismissed
Legal Topics: Escape From Lawful Custody, Sentencing, Jurisdiction of Family Tribunal
Source Language: English

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Aadil Isaac

Appellant

The Republic

Respondent

Criminal Appeal / Appeal Against Sentence

1 Whether the sentence imposed under section 116(2) of the Penal Code was wrong in law due to the warrant being issued by the Family Tribunal and not a court of law
2 Whether the sentence of 5 years imprisonment was harsh and excessive

The Family Tribunal's warrant is legally equivalent to a court warrant; the sentence imposed was the statutory minimum and not excessive or unlawful.

Appeal dismissed

Sentence of 5 years imprisonment affirmed to run concurrently with existing sentence