Adrienne & Anor v Attorney General (CP 14 of 2019) [2020] SCCC 398 (7 July 2020)

Adrienne & Anor v Attorney General (CP 14 of 2019) [2020] SCCC 398 (7 July 2020)

The sentences of 20 years imprisonment, though severe, do not violate articles 16, 27 or 31(d) of the Constitution or Seychelles' international obligations. The MODA 2016 does not impose a mandatory sentencing regime but only indicative minimum sentences, and thus does not contravene article 19(1). The Petitioners' rights to proportionality, equal treatment, and protection of their children's interests were not violated, as the courts considered all relevant circumstances and the separation resulting from imprisonment is a judicially recognized circumstance.

Citation
[2020] SCCC 398
Parties
Petitioner: Jean Francois Adrienne; Petitioner: Terrence Servina; Respondent: Attorney General
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
7 July 2020
Case Number
CP 14 of 2019
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Sentencing, Mandatory Minimum Sentences, Proportionality, Children's Rights, Equal Protection, Cruel and Degrading Treatment
Source Language
English
Constitutional Law Criminal Law Human Rights Sentencing Mandatory Minimum Sentences Proportionality Children's Rights Equal Protection +1 more

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Parties

Jean Francois Adrienne

Petitioner

Terrence Servina

Petitioner

Attorney General

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether the sentences of 20 years imprisonment violate articles 16, 27 and 31(d) of the Constitution or international obligations
  2. 2 Whether the mandatory sentencing regime under MODA 2016 contravenes article 19(1) of the Constitution
  3. 3 Whether the Petitioners' rights under articles 16, 27 and 31(d) have been violated by the trial or appellate courts in respect of proportionality of sentences

Ratio Decidendi

The sentences of 20 years imprisonment, though severe, do not violate articles 16, 27 or 31(d) of the Constitution or Seychelles' international obligations. The MODA 2016 does not impose a mandatory sentencing regime but only indicative minimum sentences, and thus does not contravene article 19(1). The Petitioners' rights to proportionality, equal treatment, and protection of their children's interests were not violated, as the courts considered all relevant circumstances and the separation resulting from imprisonment is a judicially recognized circumstance.

Court Disposition

petition dismissed